TALLAHASSEE, Fla. _ Gov. Ron DeSantis exceeded his authority when he appointed Renatha Francis to the Florida Supreme Court even though she didn't meet the legal requirements, the court ruled Thursday.
But there's no action to be taken and Francis' appointment will stand, the ruling states, because the remedy sought by state Rep. Geraldine Thompson, D-Orlando, who brought the lawsuit, can't be done.
Thompson asked the court to require the Judicial Nominating Commission to come up with a new set of nominees that includes a qualified African American. Francis was the only Black person among a list of 12 nominees for two vacant seats, but she was admitted to the Florida Bar on Sept. 24, 2010, a few months short of the 10-year requirement in state law to be eligible for the Supreme Court.
"There is no legal justification for us to require a replacement appointment from a new list of candidates, rather than from the one that is already before the Governor," the ruling states. "And the correct remedy (an appointment from the existing list of eligible nominees) would be contrary to Thompson's stated objectives in filing this case. Therefore, we hold Thompson to the remedy she requested and deny her petition."
Thompson said the decision opens the door for DeSantis and future governors to flout the law.
"What they're saying is, 'He exceeded his authority but so what?'" Thompson said. "It gives free rein for this governor and any other governor to exceed their authority and there's no repercussion for doing so."
It was a 5-0 unanimous ruling, with Justice John Couriel, who was appointed on May 26 along with Francis, recusing himself. It was written by Justice Carlos Muniz, a DeSantis appointee.
"The General Counsel's office is reviewing the decision and we will have more to say after a thorough analysis of the Court's opinion," DeSantis spokesman Fred Piccolo stated in an email.
The ruling chides the argument of DeSantis lawyers that because Francis doesn't intend to take office until Sept. 24, the eligibility factors are moot.
But the ruling also says Thompson didn't file suit earlier when Francis was first named among the JNC's slate of nominees, which it issued Jan. 23. Since she didn't challenge Francis' appearance on the list, the list of nominees must stand.
And since she sought to throw out the list of nominees and require the JNC to create a new list, there's nothing the court can do to rescind Francis' appointment, Muniz reasons.
"It is not our role to impose a remedy that (Thompson) has not requested and that is inconsistent with the (Thompson's) stated goals," the ruling states. "This is the parties' case, not ours. Accordingly, we must deny the petition."
