“IT’S JUST SO DESANTIS” .......

 

THE CAPTAIN REPORTS:

AND YOUR NEXT JUSTICE OF THE FLORIDA SUPREME COURT .....

Will be chosen in the next ten weeks.

Of course, according to most insiders, the decision has already been made to choose Circuit Judge Renatha Francis of the 15th Judicial Circuit in Palm Beach County.

For those of you that slept on this story back in 2020, there were two openings on the Florida Supreme Court. Gov. DeSantis was sent nine names by the JNC. Included in those nine names were John Couriel and Renatha Francis. The Governor chose those two as his next two Justices.  Couriel was quickly sworn into office. Not so with Judge Francis. You see, there was this little rule (it was in small print so DeSantis couldn't see it that well) in the Florida constitution that stated that a justice is required to have been a member of The Florida Bar for at least ten years.  Judge Francis, at the time of DeSantis naming her to the high court, was a member for only nine years.  She became a member of The Florida Bar on September 24, 2010.

So, Gov DeSantis, you know, the one who likes to follow the letter of the law, and the one who likes to appoint strict textualists to the bench; DeSantis decided that he would hold off on swearing in Judge Francis to the high court until September 25, 2020. Problem solved.

Not so fast though as a lawsuit was filed challenging the authority of DeSantis to name Francis to the high court in the first place.  The Florida Supreme Court heard the case and rendered their decision. Francis was not qualified and DeSantis needed to choose another nominee. He eventually chose Judge Jamie Grosshans.

Fast forward to 2022 and Justice Alan Lawson has announced his retirement from the Florida Supreme Court. The JNC has seventeen applicants and wouldn’t you know that, at the top of the list is none other than Judge Renatha Francis.

Now look, DeSantis had his reasons to appoint Francis back in 2020.  Justice Peggy Quince, the only justice of color on the high court, retired. DeSantis wanted someone of color on the Supreme Court. Forget the fact the both the JNC and the Governor passed over several much more qualified candidates; (six other candidates were of color and all had more experience).  None of the other candidates of color had “Federalist Society” on their resume though. Francis did.

There still is nobody of color on the high court today. This time around there are three applicants of the 17 that applied that are black.

Judge Cymonie Rowe, 15th Judicial Circuit.  Member of the Bar for 24 years. Appointed as a Circuit Court Judge in 2016. Attended Nova Law.

Judge Stephen Everett, 2nd Judicial Circuit. Member of the Bar for 15 years. Appointed as a County Court Judge in 2016 and a Circuit Court Judge in 2019. Attended LSU Law.

Judge Renatha Francis, 15th Judicial Circuit. Member of the Bar for 11 years. Appointed as a County Court Judge in 2017 and a Circuit Court Judge in 2018. Attended Florida Coastal Law.

But, only one of those three judges is an active member of The Federalist Society.

According to a story published in the Florida Bulldog on May 18, 2022, it’s a done deal - DeSantis has already decided to pick Francis. All the JNC has to do is fall into lock-step and name her as one of the finalists. Here is an excerpt from that story:

“Palm Beach Circuit Court Judge Renatha Francis has already been seen checking out the Florida Supreme Court’s underground parking garage by St. Augustine Street; she let it be known she wants a coveted spot near the elevator to the justices’ chambers.

Space in the exclusive, heavily fortified garage won’t be available until Aug. 31, when Justice Alan Lawson retires. But Francis can count on getting what she wants, according to a court insider who communicated with Florida Bulldog on condition of anonymity because the Lawson succession plan is top secret.

“There is talk here that [Gov. Ron] DeSantis told the justices he is going to name Judge Renatha Francis to replace Justice Lawson because now she meets the qualifications,” the insider said.”

You can read the entire story here::

DANIEL NORDBY, ESQ.
Chair, Florida Supreme Court JNC
Shutts & Bowen
215 S Monroe St Ste 804
Tallahassee, FL 32301-1858

Dear Chair Nordby:

This is an open letter written to all nine members of the JNC. Your Florida Supreme Court JNC received 17 applications to replace Justice Alan Lawson on the high court.  Back in 2020, your JNC nominated an unqualified candidate by the name of Judge Renatha Francis.

We all understand the desire for diversity on our high court. Among our 17 applicants, you have three who are of color. Two of those candidates, Judge Rowe and Judge Everett both have more experience that Judge Francis.

It has been widely reported in the press that Governor DeSantis has already made it clear of his intention to chose Judge Francis to replace Justice Lawson. But, for that to happen, your nine members must fall in line and agree to include Judge Francis’ name on your list of nominees.  Here is a novel idea - don’t do it. Nominate the six most qualified candidates for the job. And if you feel the need to make sure that at least one of your nominees is one of color, then nominate Judge Rowe, or Judge Everett - both are eminently more qualified and both have more experience practicing law and being a judge.

So, Mr. Nordby, shock the world and don’t name Judge Francis as a nominee.

Sincerely

Captain Justice
For the Justice Building Blog

THE APPLICANTS INCLUDE:

Jeffrey Albinson, a lawyer with the Golden Scaz Gagain firm;

Edward Artau, a judge on the 4th District Court of Appeal;

Steve Berlin, a judge on the 6th Judicial Circuit;

Hunter Carroll, a judge on the 12th Judicial Circuit;

Eric Eisnaugle II, a judge on the 5th District Court of Appeal;

Stephen Everett, a judge on the 2nd Judicial Circuit;

Renatha Francis, a judge on the 15th Judicial Circuit;

Ariana Fajardo Orshan, a judge on the 11th Judicial Circuit;

Anne-Leigh Gaylord Moe, a judge on the 13th Judicial Circuit;

Denise Harle, a lawyer with the Alliance Defending Freedom organization.

Jeffrey Kuntz, a judge on the 4th District Court of Appeal;

Robert Long, a judge on the 1st District Court of Appeal;

Tarlika Nunez Navarro, a judge on the 9th Judicial Circuit;

Cymonie Rowe, a judge on the 15th Judicial Circuit;

Meredith Sasso, a judge on the 5th District Court of Appeal;

Adam Tanenbaum, a judge on the 1st District Court of Appeal;

Thomas Winokur, a judge on the 1st District Court of Appeal;

CAPTAIN OUT .......
Captain4Justice@gmail.com

ELECTIONS HAVE CONSEQUENCES .......

THE CAPTAIN REPORTS:

FACDL-Miami is hosting a JUDICIAL CANDIDATES TOWN HALL on Tuesday, May 3rd, from 5:30 - 7:30 PM. The event can be seen on Zoom at the following link: Click this link on May 3 to join the forum (Meeting ID: 943 189 3869 Passcode 378486). The event is co-sponsored by several voluntary bar associations).

ELECTIONS HAVE CONSEQUENCES (on both the United States Supreme Court and on the Florida Supreme Court) .....

DESANTIS GETS ANOTHER  .......

Justice Alan Lawson announced his retirement from the Florida Supreme Court on Friday. This gives Gov. DeSantis yet another appointment to our highest court. Lawson has served on the high court since his appointment by Gov. Rick Scott in 2016. He previously served 11 years on the 5th DCA and four years as a circuit court judge in the 9th Circuit. His retirement is effective August 31. 

Since taking office in January of 2019, DeSantis has made six appointments to the Florida Supreme Court. Two, Judge Robert Luck and Judge Barbara Lagoa have since moved on to the federal bench. Three other justices are currently serving on Florida’s highest court including: Justices Carlos Muniz, John Couriel, and Jamie Grosshans.

The current makeup of the court does not include a black justice. You may recall that Gov. DeSantis attempted to solve that issue by placing Judge Renatha Francis on the Court in 2020 (his sixth appointment).  Only problem with that appointment was that Francis was not qualified as she had only been a member of the Bar for nine years. The Florida Supreme Court told DeSantis he needed to pick someone else. (He picked Grosshans).

So, will DeSantis pull a Joe Biden and announce that his next appointment will be black. While we doubt that, we are willing to wager you a bet that his first qualification for all of the candidates will be that they must be a member of The Federalist Society.

COUNTY COURT .....

We were not able to include the information for candidate Renier Diaz de la Portilla on last week’s County Court races post as he did not file his financial paperwork until Friday.

Here is that information:

Attorney Diaz de la Portilla paid his Qualifying Fee in the amount of $6,255.08.

Attorney Diaz de la Portilla has a Net Worth of NEGATIVE $91,667.

Attorney Diaz de la Portilla stated that his salary is $100,000 annually from his law firm.

Maybe candidate Jason Bloch (who has a Net Worth of more than $72 million dollars) can loan Renier a few bucks.

REALLY NORTH OF THE BORDER .....

But related to Miami-Dade County .....

You rarely see Incumbents challenged in judicial races in Palm Beach County

Judge John Kastrenakes, longtime Circuit Court Judge, and former ASA in Miami-Dade County for 13 years (as well as former AUSA for 14 years), got not one but two challengers: Caryn Siperstein and Alcolya St. Juste. Kastrenakes was appointed to the bench is 2009 by Gov. Charlie Crist. He was unopposed in both 2010 and 2016. This is his first contested election.

You may recall that Judge K made the news back in 2019:

Judge Kastrenakes held a man in contempt of court, giving him a 10-day jail sentence and a year on probation after he slept in and missed his jury duty. Following his jail time, Deandre Somerville appeared at a hearing on October 4, 2019, during which Judge Kastrenakes reduced his probation sentence to three months and his community service hours from 150 to 30 after Somerville's lawyer appealed. The judge also removed the contempt from Somerville's record following the hearing.

“I firmly believe that Deandre Somerville is the type of person who can achieve anything he wants in this world. I know he now understands and respects our system of justice and the critical role jurors play in that system. In conclusion, I do not want even a finding of contempt to be gleaned from a perusal of his background or record,” wrote Kastrenakes.

CAPTAIN OUT .......
Captain4Justice@gmail.com

GOV. DESANTIS TO NAME (maybe) NEWEST FLA. SUPREME COURT JUSTICE .......

THE CAPTAIN REPORTS:

GOVERNOR NAMES JUDGE JAMIE GROSSHANS

Grosshans serves as a judge on the Florida Fifth District Court of Appeal in Daytona Beach. She was an assistant state attorney in Orlando before going into private practice and then becoming a judge. In private practice she specialized in family law, including divorce, custody cases, and adoptions. She got her law degree from the University of Mississippi. She is a member of the Federalist Society.

Grosshans has been a member of The Florida Bar for less than 14 years. She began her legal career as an ASA in Orange County where she worked for one year. She spent nearly ten years in private practice running her own law firm which specialized in family law and criminal defense. She was appointed to the County Court bench in 2017 at the age of 38 by then Governor Rick Scott.  In 2018, Scott elevated Judge Grosshans to the 5th DCA. So, in just three years, Judge Grosshans has risen from the County Court bench all the way to the Florida Supreme Court.

=============================================


TAKE YOUR WRIT OF MANDAMUS AND SHOVE IT WHERE .....


Well, that’s not an exact quote from the esteemed Harvard educated, Trump-loving, Governor DeSantis, but it might as well have been.

BREAKING UPDATE:

The Florida Supreme Court has now officially entered their WRIT OF MANDAMUS ORDERING THE GOVERNOR TO MAKE THE APPOINTMENT BY FIVE PM. The ORDER can be found here.

FURTHER BREAKING NEWS:

At 5 PM today, Governor DeSantis will hold a press conference in Tallahassee where he is expected to name our next justice.

To recap:

In November of 2019, Florida Supreme Court Justices Robert Luck and Barbara Lagoa both resigned and accepted appointments to the 11^th Circuit Court of Appeals. In December of 2019. the Florida Supreme Court JNC, they of the "if you are not a member of the Federalist Society" don’t bother to apply group, interviewed 32 candidates for the two open seats on the Supreme Court of Florida. Those candidates included several "qualified" persons of color including our own Judge William Thomas and Judge Daryl Trawick of the Eleventh Judicial Circuit Court of Florida.

On January 23, 2020, the JNC sent nine names to the Governor, only one of which was someone of color, and that person, Judge Renatha Thomas, was NOT qualified to sit on the Supreme Court of Florida.

Under the Florida Constitution, the words state that the Governor shall appoint a judge from the nominating list within 60 days of receiving the names. Well, Ron "call me the textual" Governor DeSantis, ignored the text of the Constitution and blew the March 23, 2020 deadline.

Finally, more than two months after the March 23 constitutionally prescribed (in words actually written in the Florida Constitution) deadline, the Governor "appointed" two replacements, John Couriel and Renatha Francis.

Of course, at the time of her "appointment", on May 26, 2020, Judge Francis was NOT qualified to serve by virtue of her not being a member of the Florida Bar for at least ten years. This requirement also appears, in words actually written, in the Florida Constitution.

In stepped elected Democratic state Rep. Geraldine Thompson from Windermere who filed suit in the Florida Supreme Court asking them to rule that Francis cannot sit on the court because she was not "qualified". After a hiccup in that lawsuit when Thompson had to file an Amended Complaint, the High Court finally ruled in Thompson’s favor. Five justices stated (Couriel did not participate in the decision) in a unanimous opinion that:

"The constitution’s 10-year Bar membership requirement and 60-day appointment deadline are bright-line textual mandates that impose rules rather than standards and prioritize certainty over discretion," the justices wrote. They continued: "To some, enforcing rules like these might seem needlessly formalistic when the result is to preclude the appointment of an otherwise qualified candidate. But "formalism," as Justice Scalia observed, "is what makes a government a government of laws and not of men."

They ordered DeSantis to name a justice from the list of seven remaining nominees by NOON today. Well, guess what, the Governor blew that deadline too.

In a comedy sketch right out of Saturday Night Live, the Governor’s legal team attempted to defend the "appointment" of Francis, by arguing that she was not actually appointed on May 26^th, but instead, the Governor was only making an "announcement". The Court mentioned that that argument was ludicrous and pointed to the Governor’s previous pleadings where they stated that she was "appointed" and even his Press Release which stated:

May 26, 2020 Press release from Governor DeSantis:

"Today, Governor Ron DeSantis announced the appointment of Judge Renatha Francis to the Florida Supreme Court. Francis’ appointment fills the vacancy of former Florida Supreme Court Justice Robert Luck, who now serves on the United States Court of Appeals for the Eleventh Circuit after being appointed by President Donald Trump."

So, what has the Governor done so far, instead of naming a replacement for Judge Luck.

DeSantis took his show to the road, and last Wednesday, in Miramar, he stood on the stage with several elected black mayors (all Democrats) and excoriated the Florida Supreme Court for denying the citizens of Florida the chance for him to make history by appointing a Jamaican black female to the high court. In what can only be described as out of this world, Judge/Justice/Judge Francis not only appeared on the stage, but she spoke at the rally. (There must be a few Judicial Canons against that activity).
 
YOUR NEWEST FLORIDA SUPREME COURT JUSTICE, MAY OR MAY NOT BE NAMED AT SOME POINT TODAY .....

..... From the list of seven nominees remaining.

The remaining nominees are:

Judge Jonathan Gerber (Fourth District Court of Appeal)

Judge Jamie Grosshans (Fifth District Court of Appeal)

Judge Norma Lindsey (Third District Court of Appeal)

Judge Timothy Osterhaus (First District Court of Appeal)

Eliot Pedrosa (executive director, InterAmerican Development Bank)

Judge Lori Rowe (First District Court of Appeal)

Judge Meredith Sasso (Fifth District Court of Appeal)
 

CAPTAIN OUT .......
Captain4Justice@gmail.com

JUDGE/JUSTICE RENATHA FRANCIS, IN OR OUT .......

THE CAPTAIN REPORTS:

AND THE FLORIDA SUPREME COURT HAS SPOKEN .......

The Florida Supreme Court responded this morning to the Governor's 11:57 PM filing by smacking him down "writ of mandamus" style.

Here is the link to the Order.:
 
Bottom line, every time the Governor and his legal counsel open their mouths, unconstitutional words come out. First, the Governor violated the constitution by not appointing Justice Luck's replacement within the constitutionally required 60 days. Second, he chose Judge Francis, who was constitutionally unqualified to serve (blame the JNC for nominating her in the first place).


The Florida Supreme Court ordered the Governor to pick one of the other seven "qualified" candidates by no later than Monday, September 14, 2020.

Judge Jonathan Gerber (Fourth District Court of Appeal)

Judge Jamie Grosshans (Fifth District Court of Appeal)

Judge Norma Lindsey (Third District Court of Appeal)

Judge Timothy Osterhaus (First District Court of Appeal)

Eliot Pedrosa (executive director, InterAmerican Development Bank)

Judge Lori Rowe (First District Court of Appeal)

Judge Meredith Sasso (Fifth District Court of Appeal)

PUTTING THINGS INTO PERSPECTIVE .......

On a somber note, today is the 19^TH anniversary of 9/11.

I just got off the phone negotiating with opposing counsel over the resolution of a case. Opposing counsel has been practicing for all of four years. She was 10 years old when our country was attacked on 9/11.

Have a safe weekend my friends.

CAPTAIN OUT .......
Captain4Justice@gmail.com

 
 

FLORIDA SUPREME COURT JUSTICE NOMINEES .....

THE CAPTAIN REPORTS:

AND YOUR NEXT TWO FLORIDA SUPREME COURT JUSTICES .....

Will come from the list below. Nine names were sent to Governor DeSantis last week. Six of the nominees are currently on the bench. Four of the nominees are under age 40. The Governor must choose one of the three names that are residents from the 3^rd DCA (noted by the asterisk) while the second is an at-large appointment. The following are the nominees to fill the two vacancies created by the resignations of Justice Barbara Lagoa and Justice Robert Luck:

*John Couriel - (currently with Kobre & Kim). Member of The Florida Bar for 15 years and former AUSA.

Judge Renatha Francis - (County Court 2017 - Rick Scott; Circuit Court Miami-Dade County 2018 - Rick Scott; Circuit Court Palm Beach County 2019 - Ron DeSantis). Member of The Florida Bar for 9 years. *****

Judge Jonathan Gerber - (County Court 2002 - Jeb Bush; Circuit Court Palm Beach County 2004 - Jeb Bush; 4^th DCA 2009 - Charlie Crist). Member of The Florida Bar for 26 years and formerly with Shutts and Bowen before taking the bench.

Judge Jamie Grosshans - (County Court Orange County 2017 - Rick Scott; 5^th DCA 2018 - Rick Scott). Member of The Florida Bar for 13 years and former ASA.

*Judge Norma Lindsey - (County Court 2006 - Jeb Bush; Circuit Court 2011 - Rick Scott; 3^rd DCA 2017 - Rick Scott). Member of The Florida Bar for 26 years and formerly a commercial litigation attorney before taking the bench.

Judge Timothy Osterhaus - (1^st DCA 2013 - Rick Scott). Member of The Florida Bar for 21 years and formerly the Solicitor General of Florida.

*Eliot Pedrosa - (formerly with Greenberg Traurig for 19 years as Head of the Litigation Department; currently United States Executive Director Inter-American Development Bank). Member of The Florida Bar for 20 years.

Judge Lori Rowe - (1^st DCA 2009 - Charlie Crist); Member of The Florida Bar for 22 years and formerly Florida's Deputy Attorney General.

Meredith Sasso - (5^th DCA 2019 - Rick Scott); Member of The Florida Bar for 11 years and formerly Chief Deputy General Counsel to Rick Scott.

　
*****Florida’s Supreme Court has been without a black jurist since 2018, a gap that Gov. Ron DeSantis has been pressured to fill. There are two vacancies on the court, and the Judicial Nominating Commission has offered nine nominees, only one of whom is black. And there’s another problem: That nominee, Palm Beach County Circuit Judge Renatha Francis, is technically unqualified. As The Palm Beach Post notes, the Florida Constitution requires justices on the high court be a member of the Florida Bar for 10 years. And Francis has not been a member of the bar — or a lawyer — for 10 years. She graduated from Florida Coastal School of Law in 2010 and was admitted to the bar on Sep. 24 that year. If nominated by Gov. Ron DeSantis, she wouldn’t be able to serve until Sept. 24, 2020.

SO, YOU WANT TO BE A COUNTY COURT JUDGE .....

The Eleventh Circuit Judicial Nominating Commission is extending the deadline for applications to fill the vacancies in the Eleventh Judicial Circuit created by the elevation of Judges Christina DiRaimondo, Robert Watson and Ramiro Areces. The commission requests that interested candidates submit an application for consideration. Applicants must meet the qualifications for county court judges described in Article V, Section 8, of the Florida Constitution. Applicants must submit three copies of their application by 5 p.m. on Friday, Feb. 7.

CAPTAIN OUT .......
Captain4Justice@gmail.com

WHO WILL BE CHOSEN AS THE TWO NEWEST FLORIDA SUPREME COURT JUSTICES .....

THE CAPTAIN REPORTS:

YOUR NEXT TWO FLORIDA SUPREME COURT JUSTICES .......

The Florida Supreme Court Judicial Nominating Commission has received applications from the following individuals to fill the vacancies on the Florida Supreme Court created by the resignations of Justice Barbara Lagoa and Justice Robert Luck to assume federal judicial office.

Interviews have not yet been scheduled. Those that applied from Miami-Dade County are in Bold.

1. Judge Kimberly Bonner (Twelfth Judicial Circuit)
2. Judge Hunter Carroll (Twelfth Judicial Circuit)
3. Judge Howard Coates, Jr. (Fifteenth Judicial Circuit)
4. *Mr. John Couriel (Kobre & Kim LLP)
5. Mr. Jack Cox (Jack Schramm Cox, Chartered)
6. Judge Fabienne Fahnestock (Seventeenth Judicial Circuit)
7. Mr. Manuel Farach (McGlinchey Stafford)
8. Judge Renatha Francis (Fifteenth Judicial Circuit)
9. Judge Jonathan Gerber (Fourth District Court of Appeal)
10. Judge Jamie Grosshans (Fifth District Court of Appeal)
11. Judge Jeff Kuntz (Fourth District Court of Appeal)
12. Judge Bruce Kyle (Twentieth Judicial Circuit)
13. *Judge Norma Lindsey (Third District Court of Appeal)
14. Judge Howard McGillin (Seventh Judicial Circuit)
15. *Judge Bronwyn Miller (Third District Court of Appeal)
16. Judge Anne-Leigh Moe (Thirteenth Judicial Circuit)
17. Ms. Belinda Noah (Belinda Noah Productions, Inc.)
18. Judge Virginia Norton (Fourth Judicial Circuit)
19. Judge Timothy Osterhaus (First District Court of Appeal)
20. *Mr. Eliot Pedrosa (Executive Director, InterAmerican Development Bank)
21. Judge Carol-Lisa Phillips (Seventeenth Judicial Circuit)
22. Judge Cymonie Rowe (Fifteenth Judicial Circuit)
23. Judge Lori Rowe (First District Court of Appeal)
24. Judge Samuel Salario (Second District Court of Appeal)
25. Judge Tatiana Salvador (Fourth Judicial Circuit)
26. Judge Meredith Sasso (Fifth District Court of Appeal)
27. *Judge Ed Scales (Third District Court of Appeal)
28. Judge Elijah Smiley (Fourteenth Judicial Circuit)
29. Judge Adrian Soud (Fourth Judicial Circuit)
30. *Judge William Thomas (Eleventh Judicial Circuit)
31. *Judge Daryl Trawick (Eleventh Judicial Circuit)
32. Judge Thomas Winokur (First District Court of Appeal)

*Current residents of the Third Appellate District are denoted by an asterisk. Based on the Florida Supreme Court’s current composition, at least one of the justices appointed to fill these two vacancies must be a resident of Florida’s Third Appellate District at the time of appointment

If you wish to comment on any of the applicants, please send your comments to any/all of the JNC members listed below:

Chair Daniel Nordby, Tallahassee, DNordby@shutts.com
Vice Chair Fred Karlinsky, Weston, karlinskyf@gtlaw.com
Cynthia G. Angelos, Port St. Lucie, cynthiagangelos@gmail.com
Jesse M. Panuccio, Palm Beach Gardens, panuccio@gmail.com
Israel U. Reyes, Coral Gables, ireyes@reyeslawfirmpa.com
Hala A. Sandridge, Tampa, hala.sandridge@bipc.com
Heather Stearns, Tallahassee, hstearns@libertydentalplan.com
Jeanne T. Tate, Tampa, jeanne@jtatelaw.com
Harout Samra, Coral Gables, harout.samra@dlapiper.com

Looking forward to 2020, when THE CAPTAIN will be covering, as always, the judicial elections in Miami-Dade County and Circuit Court. Qualifying Dates are from Monday, April 20, 2020 – Noon, Friday, April 24, 2020. There are currently 34 judge’s seats up for election in Circuit Court and another 18 in County Court. Those numbers could change over the next four months.

HAPPY NEW YEAR.

CAPTAIN OUT .......
Captain4Justice@gmail.com