Business Law 101 / MAKING OF A JUDGE

Business Law 101 / MAKING OF A JUDGE

By Albert L Kelley Esq.

When a judicial vacancy opens, any lawyer that has been practicing law for at least five years may seek to fill the position (For Appellate Courts, the lawyer must have practiced for ten years). How they seek the position depends on when the vacancy is created.

If a sitting judge retires at the end of their term, the seat is filled through the election process. Judicial candidates run on a non-partisan campaign, meaning they are not listed as Republicans, Democrats, Libertarians, Independents, etc. To qualify, after designating a campaign treasurer and bank account, the candidate must obtain signatures from 1% of the registered electors in their region (County electors for county judge races; circuit electors for circuit judge races. In Monroe County, the Circuit and County regions are the same). As an alternative, the candidate may pay a qualifying fee equal to 3% of the annual judicial salary.

The campaign does not look like a campaign for a partisan position. The candidates are restricted on what they can do and what they can say. The candidate cannot participate in any partisan activities, hold themselves out as a member of a political party, endorse another candidate, make speeches for another candidate, make, solicit or accept funds from a political party, make a contribution to any entity for an endorsement, pay for part of an ad sponsored by a group that may endorse the candidate.

In addition to the above, a judicial candidate may not personally solicit funds for the campaign. Any solicitation must be done by the campaign committee. Even what may be said is very limited. The candidate may not discuss their opinions on issues that may come before them; judges are supposed to be impartial and must campaign on that basis. They are basically limited to discussing their qualifications, experience and demeanor.

If a sitting judge leaves the bench before the end of the qualifying period for the next election, the position is filled not by election, but by appointment. The Governor has the authority to fill any judicial vacancy, if it is announced prior to the end of the electoral qualifying period, even if the vacancy will only last for a few weeks. While the appointment is only to fill out the current term of office, this appointment can have a major political advantage to a potential candidate in the following election.

Each circuit has a Judicial Nominating Committee (JNC), made up of nine members appointed by the Governor. When the vacancy occurs, the JNC is convened to review and recommend applicants to the Governor. The applicants must complete a lengthy form (23 pages) covering their experience and history. The form requires disclosures about the applicant’s personal and professional life, including health issues, financial issues, all employment since the age of 21, and business activities. Once completed, the application is filed with the JNC who schedule an interview process with the applicants. Within 60 days from the time the JNC is convened, the JNC must recommend no less than three and no more than six applicants to the Governor. The Governor then has 60 days to review the recommendations and select one of the nominees to fill the vacancy.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord-Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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