Gov. Ron DeSantis is now the one facing a court deadline, at least if a former Miami appellate judge and civil liberties lawyers get their way. On June 30, the ACLU of Florida and retired Third District Court of Appeal Judge Kevin Emas filed a petition in the Florida Supreme Court asking justices to force DeSantis to fill a long open vacancy on the Miami based appeals court.
The filing argues that DeSantis blew past the constitutionally required 60 day window after the Judicial Nominating Commission (JNC) certified six nominees, leaving the Third District Court of Appeal short staffed.
How the petition says the clock ran out
The verified petition, filed under the case name Emas v. DeSantis, asks the state’s high court for a writ of mandamus that would compel the governor to make an appointment. It recounts that the JNC certified six nominees on March 17, calculates the 60th day as May 16, and notes that the next business day was May 18, by which no appointment had been made, according to the petition filed in the Florida Supreme Court by the ACLU of Florida.
The petition leans heavily on Pleus v. Crist, a 2009 Florida Supreme Court decision that held a governor must appoint from a JNC’s certified list within 60 days and described that duty as “ministerial” and “nondiscretionary,” see Justia.
Constitutional hook and ACLU’s charge
Article V, section 11 of the Florida Constitution requires the governor to make a judicial appointment within 60 days after the JNC certifies its list of nominees, language the petition cites as its constitutional foundation, see the Florida Senate.
The ACLU of Florida, representing Emas, publicly labeled the missed deadline a “constitutional violation” and warned, “This court cannot serve the people of Florida without a full bench,” in announcing the lawsuit. The filing identifies ACLU attorneys as counsel and asks the Florida Supreme Court for expedited review, arguing that both litigants and the broader public are being prejudiced by the ongoing vacancy, see the ACLU of Florida.
What the justices could do next
The petition asks the Florida Supreme Court to order DeSantis to choose one of the six certified nominees to fill the Miami based appellate seat. It also points out that, as of the date of filing, the governor had not publicly posted any appointment for the vacancy on his judicial appointments webpage, per the petition filed by the ACLU of Florida.
If the court grants the requested relief, it could issue a writ directing DeSantis to appoint someone from the JNC list or otherwise order him to act. If the justices deny the petition, the Miami appeals seat will remain vacant until the governor decides to move on it. The governor’s office did not immediately respond to requests for comment when the petition was filed, according to reporting from States Newsroom.
