DeSantis court pick improper, but high court won't undo
Legal Outlook
Florida Gov. Ron DeSantis exceeded his authority by appointing a constitutionally ineligible person to the Florida Supreme Court, but the high court said in a ruling Thursday that it won't undo the appointment.
State Rep. Geraldine Thompson asked the court to invalidate the appointment of Judge Renatha Francis because the state constitution requires Supreme Court appointees to have served as a member of the Florida Bar for at least 10 years.
The Supreme Court said Thompson is right that Francis was ineligible for the appointment, but said she asked the court for a remedy that was not legally available, and that it would not undo the appointment on its own.
DeSantis appointed Francis on May 26, but said at the time she would not take office until Sept. 24 when she will have been a member of the Florida Bar for 10 years. The Supreme Court said that's not how appointments of justices work, and the governor is not able to appoint an ineligible justice and hold the position for a future date.
The governor chooses appointees from a list provided to him by the Supreme Court Judicial Nominating Commission. Thompson asked the Supreme Court to invalidate Francis's appointment, throw out the list provided by the commission and force the governor to pick an eligible appointee from the new list.
But the court ruled that Thompson waited too long to challenge the list and that the proper remedy would be to have the governor immediately pick an appointee from the original list.
“It is not enough for the Petitioner to establish that the Governor exceeded his authority by appointing Judge Francis. To prevail in this action, the Petitioner also must have sought proper relief. This is where the Petitioner’s case fails,” the court wrote.
Thompson's office did not immediately reply to a phone message and emails seeking comment. DeSantis's office said it was preparing a written statement on the ruling.
If Francis takes her oath next month, she will be the first Caribbean-American to serve on the Florida court.
Related listings
-
German court convicts former concentration camp guard, 93
Legal Outlook 07/22/2020A German court on Thursday convicted a 93-year-old former SS private of being an accessory to murder at the Stutthof concentration camp, where he served as a guard in the final months of World War II. He was given a two-year suspended sentence.Bruno ...
-
Court expects July verdict in Man City's European ban case
Legal Outlook 06/10/2020A verdict in Manchester City’s appeal against a two-year UEFA ban from European competitions is expected within five weeks.The Court of Arbitration for Sport set the target Wednesday of “during the first half of July” to publish the...
-
Supreme Court rejects challenge to limits on church services
Legal Outlook 05/28/2020A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus. Over the dissent of the four mo...

New Rochelle, New York Work Accidents Lawyers
It doesn’t matter what type of work you do or where you work, you can always be at risk of injuring yourself at your work no matter how safe you may think it is. Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties.
Factors that affect one’s quality of life like place of work, relationships with friends and family, social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. In order to ensure that you and your loved ones receive the best outcome, make sure you have the help of an experienced New Rochelle, New York workplace injury lawyer you deserve. We can get you on your way to filing a claim against the responsible party. If you have been injured at your place of work it is important to know your options by seeking legal action. Kommer Bave & Ollman LLP offers a free case evaluation where we will answer any questions you may have and explain your legal options. Call us at 914-633-7400 or contact our firm to schedule a free consultation with an experienced attorney.