THE CAPTAIN REPORTS:
"Apparently, in Tallahassee, constitutional deadlines are treated more like New Year's resolutions than legal obligations."
JUDGE KEVIN EMAS (by the ACLU of Florida) SUES GOVERNOR DESANTIS .....
On March 31, 2026, Judge Kevin Emas retired from the Third District Court of Appeal.
Following the announcement of his retirement back in December, Governor DeSantis requested that the Third DCA Judicial Nominating Commission begin the process of identifying his replacement.
The JNC did exactly what the Florida Constitution required it to do. It accepted applications, conducted interviews, deliberated, and on March 17, 2026, Chairman Paul Huck, Jr. transmitted the certified list of nominees to the Governor.
And with that transmission, the constitutional clock began to run.
Article V, Section 11(c) of the Florida Constitution is not complicated. It is not ambiguous. It does not contain exceptions, loopholes, or escape hatches.
It provides:
"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."
"Shall" is not advisory language.
"Within sixty days" is not a suggestion.
Day 60 came and went on May 16, 2026.
The Governor did not make an appointment.
On May 20, 2026, your own CAPTAIN JUSTICE sent an email to Governor DeSantis' General Counsel, David Axelman, whose office oversees the judicial appointment process. Assistant General Counsel Taylor Gustafson, the Director of Judicial Appointments, was copied on the correspondence.
There was no response.
On May 26, 2026, Captain Justice followed up.
Still no response.
Telephone calls were placed.
Voice messages were left.
Still no response.
Throughout the month of June, additional emails and messages were sent to Mr. Axelman and Ms. Gustafson asking two simple questions:
Why has the Governor failed to appoint a replacement for Judge Emas?
And when can the citizens of Florida expect the appointment to be made?
The answer to both questions, apparently, was silence.
On May 29, 2026, Captain Justice contacted the ACLU of Florida. In prior instances involving missed constitutional deadlines for judicial appointments, the ACLU has sought relief from the Florida Supreme Court to compel compliance with the Constitution.
Nicholas Warren, an attorney with the ACLU of Florida, advised that the organization would consider pursuing such relief in this matter.
Today, June 30, 2026, the ACLU of Florida did exactly that.
The following Petition for Writ of Mandamus was filed in the Supreme Court of Florida:
KEVIN EMAS, Petitioner,
v.
RON DESANTIS, as Governor of Florida, Respondent.
The petition was filed by Nicholas Warren on behalf of Judge Emas.
A copy of the petition can be found here.
The ACLU of Florida issued a Press Release accompanying the Petition. From their Press Release:
“A deadline is a deadline,” said Nicholas Warren, senior staff attorney with the ACLU of Florida. “Governor DeSantis doesn’t just get to ignore our Constitution if he feels like it. His repeated refusal to follow such a simple law is both troubling and illegal.”
A copy of the Press Release issued by the ACLU of Florida can be found here.
Meanwhile, six highly qualified nominees continue waiting for action from the Governor's Office:
Judge Javier Enriquez
Judge Spencer Multack
Judge Joseph Perkins
Judge Thomas Rebull
Judge Robert Watson
One of these six individuals will almost certainly be named to the Third DCA in the near future.
The question is why Florida had to get here first.
It should not require intervention by CAPTAIN JUSTICE, the ACLU, and litigation in the Supreme Court of Florida to compel compliance with one of the clearest provisions in the Florida Constitution.
Governor DeSantis, General Counsel David Axelman, and Director of Judicial Appointments Taylor Gustafson have each taken an oath to support, protect, and defend that Constitution.
Citizens are expected to follow the law.
Lawyers are expected to follow the law.
Judges are expected to follow the law.
Surely the same standard applies to those charged with enforcing it.
Captain4Justice@gmail.com
WTF. It’s been 105 days and they still couldn’t manage to name a replacement. Kudos to the Captain for pursuing this and getting the ACLU to file the Petition.
ReplyDeleteDeSantis and his cronies are worthless. This and AG Uthmeier threatening Hersch and de La O. They all should be run out of Tallahassee.
Team Perkins baby. All day to the 3d DCA and beyond!!!!
ReplyDeleteBeyond frivolous. How does Emas have any standing to be able to file this petition? Sorry, but you can't sue just because you don't like how your elected officials are complying -- or, in this case, not complying -- with their constitutional obligations.
ReplyDeleteCitizens are expected to follow the law.
ReplyDeleteLAWYERS (ASA’s) are expected to follow the law. ASA’s are not above the law
Judges are expected to follow the law.
Judge Rebull deserves and has earned his day. I’m looking forward to what this writ will do in terms of making that happen. We the people need judges to are smart, prepared, and dedicated to the people. I can’t only hope the state government doesn’t cast doubt on that.
ReplyDeleteLOP / FACDL summer extravaganza! It’s a social mixer. Poolside drinks, games and raffle, hosted by DJ Barrister. Get your tickets now! Discuss your grievances, motions you were denied but most importantly have fun!
ReplyDeleteWould Enriquez be the youngest judge ever appointed to the Third?
ReplyDeleteWe don’t publish even allusions to where a judge lives. Re do your comment.
ReplyDelete