Florida State Rep. Geraldine F. Thompson and Judge Renatha FrancisThe controversy surrounding Florida Gov. Ron DeSantis’ appointment to the state Supreme Court just deepened, as a writ filed Tuesday seeks swift action against the justice-designate.
Entering the fray: Geraldine F. Thompson, a black Democrat in the Florida House of Representatives, who challenged DeSantis over his appointment of Renatha Francis, a Republican, to the state’s highest court.
The writ hinges on the argument that as of the date of Francis’ appointment, she been a member of The Florida Bar for nine years — not 10, as constitutionally required, according to the suit.
Sept. 24 would mark the 10-year mark, according to Florida Bar records.
DeSantis’ choice of Francis, 42, has caused a stir.
Critics say it’s a case of “good optics” because of the judge’s inspirational story of rising from a humble immigrant background, but little substance, reported the Florida Bulldog. They say Francis has never tried a case and that she appeared to be guided by her membership in the Federalist Society, suggesting a likelihood to rule with a conservative slant in decisions before the state’s highest court.
Aug. 3 timeline
Thompson clarified in her petition to the Florida Supreme Court that she supported racial and gender diversity.
But she took issue that the Florida Supreme Court Judicial Nominating Commission, which recommends finalists for the governor. She argued that by naming Francis, the group did not select a qualified black candidate despite there being at least six applicants that exceed the requirements.
Thompson filed a petition for a writ of quo warranto and mandamus with the Florida Supreme Court, challenging the appointment. The Florida Supreme Court issued an order Tuesday to require DeSantis to respond by Aug. 3.
Read the order:
The petition asks the court to determine that the Judicial Nominating Commission exceeded its constitutional authority by certifying Francis as a nominee. It seeks to require the commission to immediately provide the governor with a new list of qualified nominees. Thompson also asked the court to find that DeSantis exceeded his constitutional authority by appointing Francis to the court.
“The failure of the JNC to include a single constitutionally-qualified candidate is puzzling, given the wealth of experience and pure merit of many of the diverse and constitutionally-qualified candidates that applied, but who were somehow overlooked by the JNC,” the pleading stated.
Loreal Arscott, chair of the Florida Bar’s Judicial Nominating Procedures Committee, which has a key role in assisting the governor and the judicial nominating commission in their duties under the Florida constitution, did not respond to requests for comment.
The pleading stated that since the Judicial Nominating Commission has already interviewed 32 applicants, selecting new finalists that meet the qualifications set out in the Florida Constitution would remove any time constraints.
The Judicial Nominating Commission issued a press release indicating 32 applicants had applied to fill Florida Supreme Court vacancies.
The applicants included Miami-Dade Circuit Judge Daryl E. Trawick, who has been a member of The Florida Bar for more than 35 years; and Seventeeth Judicial Circuit Judge Fabienne Fahnestock, who has been a member of the bar for over two decades.
On Jan. 23, the Judicial Nominating Commission issued a list that narrowed the field down to nine nominees, with Francis as the only nominee who was not a member of The Florida Bar for at least 10 years, according to the pleading.
Francis did not respond to request for comment.
If the Florida Supreme Court determines that DeSantis has not formally “appointed” Francis to the highest court, then the Judicial Nominating Commission will have a short window in which to select new candidates.
Francis is set to officially join the court Sept. 24, when she celebrates the 10-year anniversary of her admission to The Florida Bar.
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