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    • A lack of information makes it difficult to vote on appellate judges in Florida
    Iowa

    A lack of information makes it difficult to vote on appellate judges in Florida

    Eira Gwyneth Posted on

    By now, most people certainly know who they are voting for in the races that are important to them.

    But what about the other races? You know, the mysterious part of the ballot that most of us are just guessing about. It’s the part of the ballot that appears designed to allow one incumbent to easily retain office: Florida’s appellate judges and the state’s Supreme Court justices.

    Even when asked, some local attorneys admitted they had little advice on how the average citizen should make an informed decision at the ballot box. Citizens rarely have the experience of suing before an appellate judge. Typically, our interactions with judges occur at the circuit court or circuit court level.

    This year, there are seven appellate judges on our ballot from the 5th District Court of Appeals and two justices from the Florida Supreme Court.

    There are no opponents for the justices seeking another six-year term. Florida voters have not yet removed a Supreme Court justice, and it is very rare for an appellate judge to be removed by voters. And typically judges are elected with 65 to 80 percent of the vote.

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    That’s because the system itself makes it nearly impossible for a judge to lose his job. The wording on the ballot reads: “Shall Judge (insert name here) of the Fifth Circuit Court of Appeals remain in office?” Voters can fill out the “Yes” or “No” options.

    That’s it.

    A resource is available for the general public. The Florida Bar compiles a list of judges up for retention along with their biographies and links to court decisions. Just go to https://thevotesinyourcourt.com/. You can also find more information on the Florida Bar website.

    Retired Brevard County District Judge David Dugan said appellate judges go through a fairly rigorous vetting process when being considered for a vacancy on the bench.

    “All good judges have several qualities in common, including patience, determination, impartiality, independence, temperament and a commitment to uphold the law regardless of their personal opinions,” he said. “You can be confident that they have been carefully vetted during the recruitment process and have all the skills required.”

    But in this day and age of extreme partisan politics, it might be naive to believe that politics doesn’t matter.

    In this case, voting along party lines may be the solution for some. Although the judges are nonpartisan, they were all appointed by Florida’s Republican governors. In fact, five of the seven appellate judges up for appointment were appointed to their current positions in the 5th DCA by Governor Ron DeSantis. The other two were initially appointed by then-Governor Rick Scott.

    This year the following jurors will take part in the voting:

    Joe Boatwright (i) since 2023, appointed by Governor DeSantis

    Eric Eisnaugle (i) 2017-present, appointed by Governor Rick Scott.

    Harvey Jay (i) 2016-present, appointed by Scott, reinstated by DeSantis in 2023.

    Paige Kilbane, (i) 2023-present, appointed by DeSantis.

    John MacIver, (i) 2023-present, appointed by DeSantis.

    Jordan Pratt, (i) 2023-present, appointed by DeSantis.

    Adrian Soud, (i) since 2023, appointed by DeSantis.

    The two Supreme Court justices up for appointment — Renatha Francis and Meredith Sasso — were appointed by DeSantis in 2023.

    But Melbourne lawyer Kepler Funk says it’s short-sighted to judge whether judges are “liberal” or “conservative” simply based on the person who appointed them.

    “As much as I hate to say it, you have to do some homework,” he said. “It is extremely difficult for voters to evaluate the work of an appellate judge. Lawyers must review numerous appellate decisions written by these judges to form an intellectually honest judgment, and that is time-consuming and requires great knowledge.”

    Still, is there anything the average Joe voter can do other than visit the Florida Bar or Florida Judicial Qualifications Commission judges to see if there have been any complaints about them? Actually not much.

    Speak to lawyers you trust and ask them for their opinion. Or, if you have time, research their choices to see if they’re someone you’d like to move on with.

    It’s better than flipping a coin. . . Perhaps.

    Contact Torres at [email protected]. You can follow him on X @johnalbertorres or on Facebook at facebook.com/FTjohntorres.

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    Eira Gwyneth
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