sunEthics

Florida Supreme Court advises Governor to fill judicial vacancy by appointment.  [Added 7/16/10]

    A county court judge submitted his resignation to the Governor, who accepted it on May 28, 2010.  The judge, however, had already qualified to run unopposed for reelection.  The qualifying period closed on April 30, 2010.  The judge apparently intended to resign, then resume service on the bench in February 2011 as a result of his reelection (as he was unopposed, his reelection was certain pursuant to Fla.Stat. sec. 105.051(1)(a).)  The Governor's letter to the Florida Supreme Court requesting an advisory opinion asked "whether the Governor’s constitutional responsibility to fill vacancies on circuit and county courts by appointment exists when a vacancy on such a court occurs after the conclusion of a qualifying period in which no candidates other than the incumbent judge have qualified for election."

    The Florida Supreme Court's response discussed constitutional provisions relating to the appointment and election of judges.  The Court summarized the issue before it as "whether an incumbent judge who had been reelected without opposition may then retire from office and leave a judgeship vacant for an extended period before resuming the duties of the office when it is convenient for him to do so."  Having so phrased the question, the Court essentially answered it in the negative.  "A judgeship is not an office that may be temporarily forsaken at will for personal benefit.  When a vacancy arises from such circumstances, the Governor may properly fill the vacancy by appointment pursuant to [Fla. Constit.] article V, section 11(b)."  Advisory Opinion to the Governor re: Judicial Vacancy Due to Resignation, __ So.3d ___ (Fla., No. SC10-1186, 7/12/2010).

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