Judicial selection in Florida

Judicial selection in Florida
Florida Supreme Court
Method:	Assisted appointment
Term:	6 years
Florida District Courts of Appeal
Method:	Assisted appointment
Term:	6 years
Florida Circuit Court
Method:	Nonpartisan election
Term:	6 years
Florida County Court
Method:	Nonpartisan election
Term:	6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Florida, including:

• Florida Supreme Court,
• Florida District Courts of Appeal,
• Florida Circuit Court, and
• Limited jurisdiction courts

As of March 2023, judges for the Florida Supreme Court and Florida District Courts of Appeal were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges for the Florida Circuit Courts and Florida County Courts were selected through nonpartisan elections.

Click here to notify us of changes to judicial selection methods in this state.

Florida Supreme Court

See also: Florida Supreme Court

The seven justices of the Florida Supreme Court are selected through the assisted appointment method. A judicial nominating commission consisting of nine members who are appointed by the governor to four-year terms screens potential judicial candidates.^[1] The commission submits a list of three to six nominees to the governor, and the governor must then appoint a judge from the list.^[2]

Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.^[2] Under the Florida constitution, a judge must retire at age 75; however, a judge who reaches 75 after serving at least half of his or her term may complete that term.^[3]

Qualifications

To serve on the court, a judge must be:

• a qualified elector;
• a state resident;
• admitted to practice law in the state for 10 years before assuming the bench; and
• under the age of 75.

Chief justice

The chief justice of the supreme court is selected by peer vote. He or she serves in that capacity for two years.^[2]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election.^[2]

The map below highlights how vacancies are filled in state supreme courts across the country.

Florida District Courts of Appeal

See also: Florida District Courts of Appeal

The justices of the Florida District Courts of Appeal are selected by a nine-member judicial nominating commission.^[1] The commission screens potential judicial candidates, submitting a list of three to six nominees to the governor. The governor must appoint a judge from this list.^[2]

Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.^[2] Under the Florida constitution, a judge must retire at age 75; however, a judge who reaches 75 after serving at least half of his or her term may complete that term.^[3]

Qualifications

To serve on one of these courts, a judge must be:

• a qualified elector;
• a resident in the jurisdiction of the court;
• admitted to practice law in the state for 10 years before assuming the bench; and
• under the age of 75.

Chief justice

The chief justice of the appellate courts is selected by peer vote. He or she serves in that capacity for two years.^[2]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election. If retained, judges serve six-year terms.^[2]

Florida Circuit Court

See also: Florida Circuit Court

The Florida Circuit Court judges are elected via nonpartisan elections. They serve six-year terms, after which they must run for re-election if they wish to retain their seat.^[2]

Qualifications

To serve on one of these courts, a judge must be:

• a qualified elector of a county within the circuit;
• admitted to practice law in the state for 5 years before assuming the bench; and
• under the age of 75.

Chief judge

The chief judge is selected by peer vote and serves in that capacity for two years.^[2]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the circuit courts employ the same assisted appointment method that the appellate courts use. Judges selected this way serve for at least one year after the date of appointment before they must run for re-election in the next general election.^[2]

Limited jurisdiction courts

Florida has one type of limited jurisdiction court: Florida County Court.

Florida County Court

The Florida County Court selects its judges through nonpartisan elections. County judges serve six-year terms, after which they must run for re-election if they wish to retain their seats.^[4][5]

In the event of a midterm vacancy, the county courts employ the same assisted appointment method that the appellate courts use. Judges selected this way serve for at least one year, after which they must run for re-election.^[2]

Judicial qualifications include being an elector of the county and a member of the state bar for at least five years. In counties of 40,000 people or less, a person must only be a member of the state bar.

Changing the selection process

If a county wishes to use a merit selection process instead of elections, it may choose to do so. The county must collect signatures from voters (equal or greater in number to 10% of the county votes cast in the recent presidential election) and file this petition with the secretary of state. The measure must then be approved by the majority of county voters.^[4]

History

Below is a timeline noting changes to judicial selection methods in Florida, from the most recent to the earliest.

• 2018: Amendment 6 was approved, raising the judicial retirement age from 70 to 75.
• 2001: The composition of Florida's judicial nomination commissions changed. The commission was previously comprised of three lawyer members appointed by the state bar, three lawyer or non-lawyer members appointed by the governor, and three non-lawyer members selected by other members of the commission. The legislature's 2001 revision dictated that the commission would consist of nine members, all appointed by the governor (though four of the lawyer members would be chosen from a list submitted by the state bar). The governor would also be required to consider racial, ethnic, and gender diversity, as well as geographical distribution when making his or her appointments.
• 1998: Circuits and counties would be able to opt for their judges to be chosen through merit selection and retention, with the question to be put to a popular vote in the 2000 election.
• 1976: Under a new constitutional amendment, appellate judges were to be chosen through merit selection and retention. Governor Ruben Askew, Chief Justice Ben Overton, and state Rep. Talbot D'Alemberte were at the forefront of the reform effort.
• 1972: A constitutional amendment was approved mandating the use of nominating commissions to fill judicial vacancies at all levels.
• 1971: The Florida Legislature instated nonpartisan judicial elections. Governor Ruben Askew moved the state toward the merit selection method by calling for the use of nominating commissions in filling judicial vacancies.
• 1957: The district courts of appeal were created.
• 1942: Elections were reinstated for circuit court judges. Since 1868, all judges had been appointed by the governor with state Senate approval.
• 1885: Established that supreme court justices were to be elected by popular vote to six-year terms.
• 1875: Established that the tenure of circuit court judges was to be reduced to six years.
• 1868: Established that all judges were to be appointed by the governor with Senate consent. Supreme court justices were to serve for life, while circuit court judges were to serve eight-year terms.
• 1861: Established that justices of the supreme court were to be appointed by the governor with senate consent to six-year terms. Circuit court judges were to be elected by popular vote to six-year terms.
• 1853: Established that supreme court justices were to be elected by popular vote to six-year terms.
• 1851: Established that per legislative order, the supreme court was to be served by its own judiciary, no longer sharing judges with the circuit court.
• 1848: Established that circuit court judges would no longer serve for life and would instead be elected to eight-year terms.
• 1845: Established that circuit court judges, doubling as supreme court justices, were to be elected by the Florida Legislature. They were to serve initial terms of five years but serve for life if re-elected.^[6]

Courts in Florida

In Florida, there are three federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Florida's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Florida's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.^[7]

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.^[8] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Florida Courts
• Florida Secretary of State

Footnotes

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