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Florida Supreme Court

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Florida Supreme Court
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Court Information
Justices: 7
Founded: 1845
Location: Tallahassee
Salary
Associates: $258,957[1]
Judicial Selection
Method: Assisted appointment (governor-controlled commission)
Term: 6 years
Active justices
Charles Canady, John Daniel Couriel, Renatha Francis, Jamie Rutland Grosshans, Jorge Labarga, Carlos Muñiz, Meredith Sasso

Founded in 1845, the Florida Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Carlos Muñiz.

As of May 2023, all seven judges on the court were appointed by a Republican governor.[2]

The Florida Supreme Court meets in Tallahassee, Florida. The court hears oral arguments from August through June of every year, typically during the first full week of each month.[3]

In Florida, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Jurisdiction

The Florida Constitution gives the Supreme Court mandatory appellate jurisdiction over certain types of cases such as death penalty, bond validations, public utilities cases, and matters pertaining to the state constitution. It has exclusive and non-exclusive jurisdiction over writs of habeas corpus, mandamus, quo warranto, and prohibition.[4] It also hears cases on appeal from the Florida District Courts of Appeal.

The court may provide advisory opinions to the attorney general regarding the validity of initiative petitions and to the governor regarding constitutional powers and duties.[5]

The chief justice of the supreme court is the chief administrative officer of the state judicial system and the court may make rules regarding procedures and practices in state courts. This power is subject to repeal by a two-thirds vote of the state legislature.[6] The state constitution also gives the court exclusive authority to regulate the admission of attorneys to practice law in the state through the Florida Board of Bar Examiners, as well as to discipline attorneys through the Florida Bar.[7]

The following text from Article V, Section 3 of the Florida Constitution covers the organization and jurisdiction of the court:

Supreme Court

(a) ORGANIZATION.--The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointment or election. Five justices shall constitute a quorum. The concurrence of four justices shall be necessary to a decision. When recusals for cause would prohibit the court from convening because of the requirements of this section, judges assigned to temporary duty may be substituted for justices.

(b) JURISDICTION.--The supreme court:

(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.

(2) When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.

(3) May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional or state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law.

(4) May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of appeal.

(5) May review any order or judgment of a trial court certified by the district court of appeal in which an appeal is pending to be of great public importance, or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the supreme court.

(6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida.

(7) May issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction.

(8) May issue writs of mandamus and quo warranto to state officers and state agencies.

(9) May, or any justice may, issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.

(10) Shall, when requested by the attorney general pursuant to the provisions of Section 10 of Article IV, render an advisory opinion of the justices, addressing issues as provided by general law.

(c) CLERK AND MARSHAL.--The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by general law. The marshal shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.[8] [9]

Florida Constitution, Article V, Section 3

Justices

The table below lists the current judges of the Florida Supreme Court, their political party, when they assumed office, and the appointing governor.


Office Name Party Date assumed office Appointed by
Florida Supreme Court Charles Canady Nonpartisan September 8, 2008 Charlie Crist (R)
Florida Supreme Court John Daniel Couriel Nonpartisan June 1, 2020 Ron DeSantis (R)
Florida Supreme Court Renatha Francis Nonpartisan September 1, 2022 Ron DeSantis (R)
Florida Supreme Court Jamie Rutland Grosshans Nonpartisan September 14, 2020 Ron DeSantis (R)
Florida Supreme Court Jorge Labarga Nonpartisan January 6, 2009 Charlie Crist (R)
Florida Supreme Court Carlos Muñiz Nonpartisan January 22, 2019 Ron DeSantis (R)
Florida Supreme Court Meredith Sasso Nonpartisan May 23, 2023 Ron DeSantis (R)


Judicial selection

See also: Judicial selection in Florida

The seven justices of the Florida Supreme Court are selected through the assisted appointment method. A judicial nominating commission consisting of nine members who are appointed by the governor to four-year terms screens potential judicial candidates.[10] The commission submits a list of three to six nominees to the governor, and the governor must then appoint a judge from the list.[11]

Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.[11] Under the Florida constitution, a judge must retire at age 75; however, a judge who reaches 75 after serving at least half of his or her term may complete that term.[12]

Qualifications

To serve on the court, a judge must be:

  • a qualified elector;
  • a state resident;
  • admitted to practice law in the state for 10 years before assuming the bench; and
  • under the age of 75.

Chief justice

The chief justice of the supreme court is selected by peer vote. He or she serves in that capacity for two years.[11]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election.[11]

The map below highlights how vacancies are filled in state supreme courts across the country.

See also

Florida Judicial Selection More Courts
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Courts in Florida
Florida Court of Appeals
Florida Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Florida
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. Gov. Charlie Crist switched parties from Republican to Democratic during his term. The judges he appointed were during his time as a Republican, so they are considered appointed by a Republican governor.
  3. Florida Supreme Court, "Visiting the Court," accessed September 13, 2021
  4. Florida Supreme Court, "History of the Florida Supreme Court," accessed September 13, 2021
  5. Office of Program Policy Analysis and Government Accountability,"State Courts System," accessed June 12, 2024
  6. Florida Supreme Court,"Florida's Court System," accessed June 12, 2024
  7. Office of Program Policy Analysis and Government Accountability,"State Courts System," accessed June 12, 2024
  8. Florida State Senate, "Florida Constitution," accessed March 26, 2014
  9. 9.0 9.1 9.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. American Judicature Society, "Methods of Judicial Selection: Florida; Judicial Nominating Commissions," archived January 13, 2012
  11. 11.0 11.1 11.2 11.3 11.4 American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
  12. Florida Constitution, "Article V, Section 8," accessed September 10, 2021
  13. Florida Politics, "Ron DeSantis to get fifth Supreme Court pick as Rick Polston retires from Florida Supreme Court," March 20, 2023
  14. 14.0 14.1 14.2 Governor of Florida, "Governor Ron DeSantis Appoints Judge Renatha Francis to Serve on the Florida Supreme Court," August 5, 2022 Cite error: Invalid <ref> tag; name "appt" defined multiple times with different content Cite error: Invalid <ref> tag; name "appt" defined multiple times with different content
  15. Tampa Bay Times, "Justice Alan Lawson to retire from Florida Supreme Court," April 29, 2022
  16. WESH, "DeSantis appoints state Supreme Court justice with ties to Central Florida," September 14, 2020
  17. WJCT, "Gov. Scott Starts Process To Replace 3 Fla. Supreme Court Justices," September 12, 2018
  18. Florida Politics, "Ron DeSantis selects Miami’s Robert Luck as next Supreme Court justice," January 14, 2019
  19. Ron DeSantis, 46th Governor of Florida, "Governor Ron DeSantis Appoints Robert Luck to the Florida Supreme Court," January 14, 2019
  20. Courthouse News Service, "Florida Governor Makes Final Pick for High Court," January 22, 2019
  21. Florida Supreme Court, "Publications and Statistics," accessed September 26, 2024
  22. As of February 13, 2019, this information was not avaialble on the Florida Supreme Court website.
  23. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  24. The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  25. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  26. 26.0 26.1 North Escambia, "Florida Supreme Court cancels hearing on execution drug," December 15, 2013
  27. Florida Supreme Court, "Askari Abdullah Muhammad f/k/a Thomas Knight, vs. State of Florida," accessed September 13, 2021
  28. 28.0 28.1 28.2 28.3 Reuters, "Florida Supreme Court rules execution drug is effective sedative," archived October 20, 2014 Cite error: Invalid <ref> tag; name "reuters" defined multiple times with different content
  29. Miami Herald, "Florida Supreme Court approves new execution drug," December 15, 2013
  30. FlaglerLive.com, "Askari Muhammad Is Executed After 38 Years on Death Row and Numerous Legal Bungles," January 8, 2014
  31. Supreme Court of Florida, "Rick Scott, et al. vs. George Williams, et al.," January 17, 2013
  32. Florida Supreme Court, "Code of Judicial Conduct for the State of Florida," accessed September 13, 2021
  33. Florida Supreme Court, "Judicial Qualifications Commission Cases Pending in the Florida Supreme Court," accessed July 17, 2023
  34. Florida Supreme Court,"History of the Florida Supreme Court," accessed June 12, 2024
  35. Florida Supreme Court,"History of the Florida Supreme Court," accessed June 12, 2024
  36. The Evolution of Justice in Florida,"Merit Selection and Retention," accessed June 12, 2024
  37. The Evolution of Justice in Florida,"Merit Selection and Retention," accessed June 12, 2024
  38. Miami Herald, "Florida Supreme Court welcomes its first Cuban-American chief justice," archived July 1, 2014
  39. Miami Herald "Jorge Labarga to serve rare 2nd term as chief justice of Florida Supreme Court," accessed February 8, 2016
  40. Florida Supreme Court, "Chief Justice Peggy A. Quince," accessed September 13, 2021
  41. Florida Supreme Court, "Judge Profile, Josephy Hatchet," accessed September 13, 2021
  42. Florida Supreme Court, "Judge Profile, Rosemary Barkett," accessed September 13, 2021
  43. Florida Supreme Court, "Judge Cantero Biography," accessed September 13, 2021