The Florida Supreme Court cleared the way for Gov. Ron DeSantis to fill judicial slots on the new Sixth District Court of Appeal by rejecting a legal challenge arguing that nominees for the positions did not meet residency requirements as specified in the state constitution.
State Sen. Geraldine Thompson filed the petition with the high court in November to disqualify some Sixth District nominees that a judicial nominating commission sent to the governor for consideration. The petition argued that some of the nominees were not residents of the newly drawn Sixth District, in violation of constitutional provisions and the panel’s rules.
A parallel complaint filed by attorney Whitney Boan challenged Fifth District candidates based on similar arguments.
“We hold that the constitutional residency requirement for judges attaches at the time of appointment – not at the time of nomination,” the state Supreme Court said in its Dec. 15 decision. “Therefore, the respondent judicial nominating commissions did not exceed their constitutional authority by nominating nonresident candidates.”
The high court, however, did not delve into all of the petitioners’ arguments.
“We did not reach the merits of the petitioners’ procedural-rule-based challenge to the disputed nominations because alleged noncompliance with the nominating commissions’ rules of procedure is not the proper subject to a quo warranto proceeding.”
A quo warranto proceeding aims to test a person’s right to hold a public office. The high court’s opinion should end the legal battle over residency requirements, according to the law firm that represented the Sixth District chairman, Jeff Aaron.
““The ruling by the court ends this litigation and resolves all issues that were raised by Rep. Thompson,” Mayanne Downs, GrayRobinson’s general counsel, told the Florida Record in an email.
The law firm characterized the high court’s ruling as a big win for GrayRobinson and efforts to support DeSantis and the JNC.
In the wake of the state Supreme Court’s decision, DeSantis filled three vacancies in the Sixth District. The judges appointed were Jared Smith of Lakeland; Joshua Mize of Winter Park and Keith White of Maitland. Of these nominees, the residency of Smith was contested before the high court.
DeSantis also appointed Adrian Soud of Jacksonville, John MacIver of Neptune Beach, Joseph Boatwright II of East Palatka and Paige Kilbane of Jacksonville to the Fifth District bench. Of those nominees, the residency of MacIver and Kilbane was challenged.
Neither Sen. Thompson nor attorney Boan responded to requests for comment.