The Florida Supreme Court heard arguments in a case earlier this year which focused on whether a state judicial vacancy opened up by an early retirement should be filled by an appointment from the governor or if the replacement should be chosen by voters.
The high court issued a 4-3 decision on Monday dismissing that case and allowing a lower court ruling to stand, which recognized the authority of the Florida governor — in this case, outgoing Gov. Rick Scott — to appoint the replacement for a retiring judge.
WLRN reported that the court actually decided by a count of 4-3 to not even rule on the merits of the case at all, which meant a ruling in Scott’s favor from the state’s 1st District Court of Appeals would prevail.
That lower court ruling means that Scott will be allowed to nominate a replacement for 4th Judicial Circuit Judge Robert Foster, who is resigning his seat on the bench on Dec. 31, 2018, just four business days ahead of the Jan. 7, 2019 date he was originally expected to leave the bench due to his reaching the mandatory retirement age in Florida.
Appointment or vote?
Judge Foster had sent Scott a letter in April informing the governor of his decision to step down from the bench a few days prior to his mandatory retirement, which under Florida law appeared to allow Scott to name a replacement for Foster.
Had Foster waited until Jan. 7 to step down, his replacement would have been chosen in the election.
But an attorney in Jacksonville, David Trotti, had wanted to run in an election to win Foster’s seat, and filed a lawsuit challenging Scott’s authority to name a replacement.
That lawsuit eventually made its way to the Florida Supreme Court, and oral arguments were heard in October.
However, the majority of justices decided that the case never should have even been heard by the Supreme Court, and dismissed the case to allow the appeals court ruling in Scott’s favor to stand.
The three justices in the minority issued two separate but similar written dissents, one of which called the entire case a “travesty” and “sham” that manipulated state law by carefully manufacturing a vacancy to be filled by appointment rather than election, while the other dissent argued that voters should have been given a say in choosing the judicial replacement.
[show_poll poll_id=1082]
“Long-settled law”
Attorneys for Gov. Scott had argued that Foster’s resignation should be considered as having been accepted when Scott received the letter in April, which according to “long-settled law” would mean Scott could name a replacement, even if Foster wasn’t actually stepping down until days before he was slated to leave regardless.
Even as the legal battle raged in the courts, Scott had already announced that he intended to appoint Duval County Judge Lester Bass to replace Foster. That appointment was made official on Monday.
285 Responses
Nowadays you are able to do a thing about your weight and also your wellbeing. Something that works rapidly. Fairly quick as well. Nothing this powerful is “effortless”, but This is often as simple as it will at any time get. It’s also delicious and fulfilling, applying common foods you can buy everywhere.
you could have a great weblog right here! would you like to make some invite posts on my blog?
American Tornado Master is a Storm and Tornado Shelter Installation Company in Dallas Ft. Worth. Trusted since 1977 | Call For Information and Pricing: (972) 686-7733
Hello would you mind sharing which blog platform you’re using? I’m planning to start my own blog soon but I’m having a hard time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique. P.S Apologies for being off-topic but I had to ask!
above ground storm shelters for sale near me cheap storm shelter above ground storm shelters in ground storm shelters
I have realized that online degree is getting well-known because getting your degree online has developed into a popular choice for many people. Numerous people have not necessarily had a chance to attend a conventional college or university nonetheless seek the increased earning possibilities and a better job that a Bachelor’s Degree grants. Still other people might have a degree in one discipline but want to pursue something they now develop an interest in.
We are one of Utah’s highest-rated barbershop. We are a small team of barbers providing the best men’s haircuts in salt lake city, Utah. We have been in business for over 6 years and with over 300 5 star reviews on both Yelp and Google.
You made some decent points there. I did a search on the topic and found most people will agree with your website.
I’m typically to running a blog and i really respect your content. The article has really peaks my interest. I am going to bookmark your site and keep checking for brand new information.
diy kids craftdiy kids kids craft
You are my intake , I have few blogs and often run out from to brand.
In the awesome scheme of things you actually receive a B- just for effort and hard work. Where you actually misplaced me personally was first in your particulars. You know, as the maxim goes, details make or break the argument.. And that couldn’t be much more true right here. Having said that, permit me tell you just what exactly did do the job. The article (parts of it) is really engaging which is possibly the reason why I am taking the effort to opine. I do not really make it a regular habit of doing that. Second, despite the fact that I can easily notice a leaps in logic you make, I am not necessarily certain of exactly how you appear to connect your points which in turn make your conclusion. For right now I will, no doubt yield to your point however trust in the foreseeable future you actually connect the dots better.
Its superb as your other posts : D, appreciate it for putting up. “A gift in season is a double favor to the needy.” by Publilius Syrus.
Have you ever thought about creating an ebook or guest authoring on other sites? I have a blog based on the same topics you discuss and would love to have you share some stories/information. I know my audience would enjoy your work. If you are even remotely interested, feel free to send me an e-mail.
fresh mushroom
Have you ever considered about including a little bit more than just your articles? I mean, what you say is important and all. Nevertheless imagine if you added some great images or videos to give your posts more, “pop”! Your content is excellent but with images and videos, this blog could definitely be one of the greatest in its field. Very good blog!
of course like your website but you need to check the spelling on several of your posts. Several of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I will certainly come back again.
Xvideos Travestis
video production Tampa videographer Tampa Video Production Florida Tampa Video product
I’ve been absent for some time, but now I remember why I used to love this site. Thanks , I¡¦ll try and check back more often. How frequently you update your web site?
We are a bunch of volunteers and opening a new scheme in our community. Your site offered us with useful info to paintings on. You have performed an impressive process and our whole neighborhood will be grateful to you.
Some truly nice and utilitarian information on this web site, also I believe the layout holds superb features.
Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your client to communicate. Excellent task.
Hi there! This is my first visit to your blog! We are a team of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a marvellous job!
I am really enjoying the theme/design of your web site. Do you ever run into any web browser compatibility issues? A few of my blog audience have complained about my blog not operating correctly in Explorer but looks great in Chrome. Do you have any suggestions to help fix this problem?
Hi, Neat post. There is a problem with your web site in internet explorer, might check this… IE nonetheless is the market chief and a good element of other people will leave out your wonderful writing due to this problem.
F*ckin’ awesome issues here. I am very glad to see your post. Thank you a lot and i’m having a look ahead to contact you. Will you please drop me a e-mail?
It’s in point of fact a great and helpful piece of info. I am satisfied that you just shared this helpful information with us. Please keep us informed like this. Thank you for sharing.
Thanks for your personal marvelous posting! I quite enjoyed reading it, you are a great author.I will remember to bookmark your blog and will come back down the road. I want to encourage that you continue your great job, have a nice morning!
Mr fog Max Mr fog Max PRO Air Bar Disposable Cali Air Disposable
I’ve read some just right stuff here. Definitely value bookmarking for revisiting. I surprise how so much attempt you place to make the sort of excellent informative website.
Super-Duper blog! I am loving it!! Will come back again. I am taking your feeds also.
Youre so cool! I dont suppose Ive read something like this before. So nice to find somebody with some unique ideas on this subject. realy thank you for beginning this up. this web site is one thing that’s wanted on the web, somebody with slightly originality. helpful job for bringing something new to the web!
I precisely wanted to appreciate you again. I’m not certain the things I could possibly have handled without these techniques provided by you regarding that industry. It previously was a real hard case in my position, however , finding out this skilled way you solved the issue made me to jump over gladness. Extremely grateful for the guidance and in addition trust you realize what an amazing job you are always putting in training other individuals thru your web site. I’m certain you’ve never encountered all of us.
OFWMONEY -Growth Tactics
I enjoy you because of your whole labor on this website. My daughter delights in setting aside time for investigation and it’s simple to grasp why. We hear all relating to the powerful medium you create precious guidelines through this website and foster contribution from other individuals on the subject matter then my daughter is now being taught a whole lot. Take advantage of the rest of the new year. Your performing a fabulous job.
I like this blog so much, saved to favorites. “I don’t care what is written about me so long as it isn’t true.” by Dorothy Parker.
can someone from another state buy weed where it is legal online
can someone from another state buy weed where it is legal online
My spouse and i have been now more than happy when Michael could complete his basic research through the entire precious recommendations he received using your web pages. It’s not at all simplistic to just always be offering procedures that a number of people have been trying to sell. And we all fully grasp we have the website owner to give thanks to for this. The main illustrations you’ve made, the easy site navigation, the relationships you will help to foster – it is many superb, and it’s facilitating our son and the family reason why this matter is enjoyable, which is highly important. Thank you for the whole lot!