Alleging that Gov. Ron DeSantis did not comply with a constitutionally required deadline, an attorney asked the Florida Supreme Court on Friday to direct the governor to appoint a circuit judge in the Tallahassee area.
Attorney Maite C. Garcia contended in the court petition that DeSantis was required to appoint a judge within 60 days of receiving a slate of nominees on April 30 from the 2nd Circuit Judicial Nominating Commission. But the petition said the deadline passed June 29 without an appointment.
“As a practicing attorney and taxpayer, she (Garcia) wants her local circuit court to function with a full complement of judges, which would benefit her directly in the efficient and expeditious administration of civil and criminal justice,” the petition said. “As a resident and voter of the Second Circuit, she would like to exercise her right to vote on the governor’s appointee to the instant vacancy at the next election, as the Constitution requires.
And as someone who is eligible for the office of circuit judge, she would like the opportunity to run as a candidate for the … seat herself in the 2026 election.” The Supreme Court gave DeSantis until July 14 to respond. The issue stems from replacing Robert Wheeler, who retired effective March 31 as a circuit judge.
Information on The Florida Bar website said the nominating commission sent the names of six attorneys to DeSantis as potential replacements for Wheeler: James Beville, C. Ian Garland, Jason Jones, Stephanie Newlin, Carlos Rey and Steven Sellers. The 2nd Judicial Circuit is made up of Leon, Gadsden, Liberty, Franklin, Wakulla and Jefferson counties. Garcia is represented by lawyers with the ACLU Foundation of Florida, according to the petition.
–News Service of Florida
