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Monday, January 14, 2019
GOVERNOR DESANTIS APPOINTS SECOND SUPREME COURT JUSTICE .....
THE CAPTAIN REPORTS:
BREAKING NEWS .......
(More Breaking News on the 3rd DCA below).
JUDGE ROBERT LUCK APPOINTED TO FLORIDA SUPREME COURT:
A few minutes ago, before a large crowd of friends and family gathered at the Scheck Hillel Community School in Aventura, Governor Ron DeSantis announced the second of three Supreme Court appointments. Last week he stood at The Freedom Tower and appointed 3rd DCA Judge Barabar Lagoa to the court to replace Justice Fred Lewis. That seat was reserved for someone who was a resident of the state’s Third Appellate District. Today, Gov. DeSantis’ selection is for one of the two remaining "at large" seats.
Judge Robert Luck graduated from North Miami Beach High School and he still lives in the area with his wife and two children. He graduated from UF undergrad (BA, 2000) and UF Law in 2004; (Editor in Chief of the Law Review). He then clerked for Chief Judge Ed Carnes of the 11th U.S. Circuit Court of Appeals before joining Greenberg Traurig where he worked in their appellate section. In 2008 he became an AUSA, and he was assigned to the Appeals, Major Crimes, and Economic Crimes Sections, spending five years there. In 2013, Gov. Scott appointed him to the Circuit Court. He won a full six year term in 2016 when he defeated Yolly Roberson (54% - 46%). He spent a total of four years on the Circuit Court bench presiding in the Criminal, Civil, and Appellate Divisions. In March of 2017, Scott elevated him to the 3rd DCA. Justice Luck completes his meteoric rise in the Florida state court system with his appointment to the state’s highest court.
For anyone that has ever applied to the judiciary in the State of Florida, you know that the application asks you to describe "significant cases" you have handled in your career (as a lawyer or on the bench). In Luck's application, he described what happened to him during a 2015 hearing concerning the prosecution of a defendant charged with Battery of a person over the age of 65:
" ... the defendant rushed up from his seat and jumped at me. He and I tumbled down the steps of the bench, and as I was laying on the floor, (he) was on top of me, punching my head. "My bailiff eventually ripped (him) off of me. I got up, dusted off my robe, fixed my chair, which had been knocked down, took my place on the bench, and dictated what had happened into the record. I then entered an order recusing myself from the case.
Despite the bleeding and bruising, I declined medical attention and refused to file a worker’s compensation claim. Hearing about the incident in Tallahassee, then-Chief Justice Jorge Labarga wrote me this note: ‘I want to commend you for the professionalism you displayed in handling what must have been a very disturbing situation. Your coolness and understanding was exemplary."
In Luck’s remarks today, he closed with a Jewish prayer and stated that he hoped that pray would guide him for the next 35 years on the bench; Luck is only 39 years old and with the constitutional amendment passing in 2018 allowing judges to serve until age 75, that would be possible.
Gov. DeSantis has one remaining appointment on the high court, and that name will come from one of the other nine JNC nominees that include:
Couriel, John Daniel,
Gerber, Jonathan D.,
Grosshans, Jamie Rutland,
Kuntz, Jeffrey T.,
Muñiz, Carlos Genaro
Osterhaus, Timothy D.
Salario, Samuel J., Jr.
THIRD DCA .......
Updating my post in the Comments section from last week concerning the subject, on Thursday, January 10, 2019, 3rd DCA Judge Kevin Emas was unanimously elected as Chief Judge of the 3rd, replacing Justice Barbara Lagoa, who had taken over as the Chief on January 1, 2019. Lagoa was named to the Florida Supreme Court by Gov. DeSantis on January 8th. With the naming of Judge Luck today, the 3rd DCA now has two new open seats. We expect the JNC to announce their request for Applications shortly. Judge Emas began his career on the bench in 1996 with his appointment by Gov. Chiles to the County Court bench. In 2001, Gov. Bush appointed Emas to the Circuit Court. Finally, in 2010, Gov. Crist appointed Judge Emas to his current seat on the 3rd DCA. Emas will serve as Chief Judge until June 30, 2021. Judge Ivan Fernandez becomes the Chief-Judge Elect.
(Our apologies for Rumpole for posting over his Monday morning post entitled "Gavels Up", which you can read just below this post).
CAPTAIN OUT .......