In November, voters will decide if five Florida Supreme Court justices and 28 judges on the state’s District Courts of Appeal should be retained for another six-year term in office.
A good way to learn about the justices and judges on the ballot is to read their official biographies on the courts’ websites and the Ballotpedia and Wikipedia entries about them. I also do a Google search and consider the consensus view expressed by Florida’s practicing attorneys in the Florida Bar’s Merit Retention Poll.
In this post, I’ll explain the structure of Florida’s courts and what a merit retention vote is, provide links to the biographies of the five Supreme Court justices and eight Second District appellate judges on the ballot, share the results of the Bar’s Merit Retention Poll, and provide links to sources where you can learn more.
Structure of Florida’s Courts
The judicial branch of Florida government includes a Supreme Court, five District Courts of Appeal, twenty Circuit Courts, and 67 County Courts. The top two tiers of the court system are appellate courts; the lower two tiers are trial courts.
Collier County is one of 14 counties in Florida’s Second Appellate District and one of five counties in the state’s Twentieth Circuit. To learn which Appellate District you live in, click here; to learn which Circuit you live in, click here.
Justices and judges do not affiliate with a political party. They serve terms of office of six years with a mandatory retirement age of 75, and there are no term limits.
For the 2021-22 fiscal year, Supreme Court justices receive an annual salary of $227,218 and Appeals Court judges receive $192,105.
For more on the Supreme Court, see the Florida Supreme Court website and Ballotpedia: the Encyclopedia of American Politics. For more on Florida’s five District Courts of Appeal, see the Florida Courts website and Ballotpedia.
The Merit Retention Process
Supreme Court justices and District Courts of Appeal judges are appointed by the governor from lists submitted by Judicial Nominating Commissions which screen candidates and make recommendations based on their merits.
Under Florida’s merit retention system, which was approved by Florida voters in 1976, justices and appellate court judges stand for a yes-or-no retention vote in the general election following their appointment, and then every six years after their first retention. Terms are staggered so that not all face the voters in the same election.
If a majority of voters choose not to retain a judge, a vacancy would be created which would be filled through the merit selection process.
According to a 2016 article in the Jacksonville Daily Record, “In the nearly 40-year history of the merit retention system, no Florida justice or appellate judge has failed to win a majority retention vote, although some have faced opposition.”
My research did not reveal any that occurred since then.
The Supreme Court Justices on the Ballot
Justice Charles T. Canady
Charles Canady received his B.A. from Haverford College in 1976 and his J.D. from the Yale Law School in 1979. He practiced law from 1979 – 1992, while also serving three terms in the Florida House of Representatives and then four terms in the U.S. House of Representatives. Upon leaving Congress, Canady served as general counsel to then-Gov. Jeb Bush (R), then in 2002 was appointed by him to the Second District Court of Appeal. In 2008, then-Gov. Charlie Crist (R) appointed him to the Florida Supreme Court. This is his third merit retention vote.
Canady was elected by his peers to serve as Chief Justice of the Court from 2010 to 2012. He was elected a second time in 2018 and re-elected in 2020.
In 2020, Ballotpedia assigned Justice Canady a confidence score of Mild Republican. Click here to read more about the Ballotpedia study.
Sources
In the News
“Even his critics say Canady, 67, is smart, pragmatic and personable…. He’s a Yale Law-educated darling of the far-right Federalist Society whom Donald Trump briefly listed as a U.S. Supreme Court contender when he was president…. [He] is credited with—or blamed for, depending on one’s viewpoint—coining the term “partial-birth abortion,” which has tormented the pro-choice movement ever since.”
- Florida Supreme Court Chief Justice Charles Canady: Judge or politician in a black robe?, Florida Bulldog, 2/7/22
Justice John D. Couriel
John D. Couriel obtained his bachelor’s (2000) and J.D. (2003) degrees from Harvard, then, after clerking for a judge in the U.S. District Court for the District of Columbia, joined Davis Polk & Wardwell in New York. In 2009, he became an Assistant U.S. Attorney for the Southern District of Florida. He ran unsuccessfully as a Republican candidate for the Florida Senate in 2012 and for the Florida House of Representatives in 2016. He was an attorney at Kobre & Kim in Miami when he was appointed by Gov. Ron DeSantis (R) in 2020. This is his first merit retention vote.
In 2020, Ballotpedia assigned Justice Couriel a confidence score of Strong Republican. Click here to read more about the Ballotpedia study.
Sources
In the News
Nothing of note.
Justice Jamie R. Grosshans
Jamie Grosshans received a bachelor’s degree from Thomas Edison State College and a law degree from the University of Mississippi. She was appointed by then-Gov. Rick Scott (R) in 2017 to serve on the Orange County Court in Florida and in 2018 to serve on the state’s Fifth District Court of Appeal. In 2020, she was appointed to the Florida Supreme Court by Gov. Ron DeSantis (R). This is her first merit retention vote.
Sources
In the News
“Grosshans acknowledged that the judicial system is affected by politics, but she said most Florida judges, regardless of their ideological perspective, do a great job after going through the appointment process.”
- Supreme Court justice talks civility, judicial philosophy, Main Street Daily News, 4/15/22
“Judge Jamie Grosshans’ background and affiliation with Christian-based organizations weren’t spelled out on her application, but were no surprise to the legal community that promoted her.”
- DeSantis’ appointee to Florida Supreme Court belongs to Christian group using law to ‘spread the Gospel’, Tampa Bay Times, 9/15/20
“Jaime Rutland Grosshans’ three-year journey from a law firm in Winter Garden to the Florida Supreme Court began when she was nominated to be a county judge by a commission that included her husband among its members.”
- Politicized process sped Jaime Grosshans’ rise to Florida Supreme Court, critics say, Orlando Sentinel, 9/18/20
Justice Jorge Labarga
Jorge Labarga received his B.A. (1976) and J.D. (1979) degrees from the University of Florida. He was an assistant public defender in West Palm Beach for three years, then joined the state attorney’s office in West Palm Beach for five years. From 1987 to 1996, Labarga practiced personal injury law and criminal defense at two law firms.
Labarga was appointed to the Fifteenth Judicial Circuit in 1996 by then-Gov. Chiles. He was appointed by then-Gov. Crist to the Fourth District Court of Appeal in 2008 and to the Supreme Court in 2009. This is his third merit retention vote.
Labarga was elected by his peers to serve as Chief Justice of the Court in 2014, the first Cuban American to lead the state judicial branch. He held that office for two terms until June 2018, the first chief justice to serve consecutive terms in a century.
In 2020, Ballotpedia assigned Justice Labarga a confidence score of Mild Republican. Click here to read more about the Ballotpedia study.
Sources
In the News
“While the majority today reasserts its authority to do so, it is noteworthy that the unilateral action the Court takes here is not isolated,” Justice Labarga wrote in his dissent. “Rather, the majority’s decisions of late have ushered in a series of drastic changes in civil, criminal, and rulemaking contexts, and today’s decision by the majority only furthers this list.”
- A Florida Supreme Court justice warns of ‘a series of drastic changes’ served up by his conservative colleagues, Florida Bulldog, 12/17/21
“In a self-proclaimed “unprecedented legal decision,” [Circuit Judge Jorge Labarga] ruled that he isn’t empowered to order a new presidential election in Palm Beach County even though thousands of residents say their votes were nullified by a confounding “butterfly ballot.” Democrats immediately appealed the ruling.”
- With Anguish, Judge Rejects Palm Beach Revote, Los Angeles Times, 11/21/00
Justice Ricky Polston
Ricky Polston earned a B.S. from Florida State University in 1977 and, after practicing accounting for seven years, earned a J.D. from FSU in 1986. He was in private practice from 1987–2000. Polston was appointed a judge of the First District Court of Appeal by then-Gov. Bush in 2001, and served until his appointment by then-Gov. Crist to the Florida Supreme Court in 2008. This is his third merit retention vote.
Polston was elected unanimously to serve as Florida’s 55th Chief Justice of the Florida Supreme Court in 2012.
In 2020, Ballotpedia assigned Justice Polston a confidence score of Mild Republican. Click here to read more about the Ballotpedia study.
Sources
In the News
“[Chief Justice Ricky Polston] ended a longstanding practice of sending letters of congratulation to Eagle Scouts earlier this year as the Boy Scouts of America agonized publicly over whether to admit gay members.”
- Florida Chief Justice Ricky Polston ends practice of congratulating new Eagle Scouts, Miami Herald, 5/28/13
The 2nd DCA Judges on the Ballot
Judge Patricia Joan Kelly
Patricia Joan Kelly received her B.A. degree from the University of South Florida in 1983 and her J.D. from the University of Florida College of Law in 1986. She began her legal career in private practice, then became a staff attorney for a Florida Second District Court of Appeal Judge. Later, she returned to private practice until her appointment to the Court by then-Gov. Jeb Bush (R) in 2001. This is her fourth merit retention election.
Sources
In the News
Nothing of note.
Judge Nelly N. Khouzam
Nelly Khouzam received her B.A. degree from the University of Florida in 1979 and her J.D. degree from the University of Florida College of Law in 1981. Following law school, Jshe served as a law clerk in the Second District Court of Appeal, then entered private practice. She later served for fourteen years as a circuit court judge in the Sixth Judicial Circuit before her appointment to the Second District Court of Appeal in 2008 by then-Gov. Charlie Crist. This is her third merit retention vote.
Sources
In the News
Nothing of note.
Judge Suzanne Y. Labrit
Suzanne Labrit received her B.A. from the University of Florida in 1981 and her J.D. from Nova Southeastern University-Shepard Broad College of Law in 1986. She spent the first fifteen years of her career in private practice. She also spent two years as General Counsel for a Florida-based commercial real estate developer and manager. For the two decades preceding her appointment to the bench, Labrit was a partner with Shutts & Bowen, where she founded and chaired the firm’s appellate practice group. Gov. Ron DeSantis (R) appointed her to the Court in 2020. This is her first merit retention vote.
Sources
In the News
Nothing of note.
Judge Matt Lucas
Matt Lucas received his B.S. degree from the Florida State University and his J.D. from the University of Florida Levin College of Law. Following law school, he entered private practice (1999-2010). In 2010, he was appointed by then-Gov. Crist to the Hillsborough County Court. In 2012, he was appointed to the Thirteenth Judicial Circuit by then-Gov. Scott, who appointed him to the current position in 2014. This is his second merit retention vote.
Sources
- Florida Second District Court of Appeal Bio
- Ballotpedia
- Personal Website – “Speculative Fiction Writer”
In the News
Nothing of note.
Judge Robert Morris
Robert Morris holds a B.S. from the University of Florida (1975), a J.D. from DePaul University College of Law (1980), and a LL.M. from Duke University. He practiced law for 17 years before he was appointed to the Sixth Judicial Circuit by then-Gov. Chiles in 1997. He was appointed to the current position in 2009 by then-Gov. Crist and currently serves as chief judge. This is his third merit retention vote.
Sources
In the News
Nothing of note.
Judge Stevan T. Northcutt
Stevan Northcutt received his B.A. degree from the University of South Florida in 1975 and his J.D. degree from the Florida State University College of Law 1978. As an attorney in private practice, he concentrated in the field of appellate advocacy, both civil and criminal, state and federal. He was appointed by then-Gov. Lawton Chiles (D) in 1996. This is his fifth merit retention vote.
Sources
In the News
Nothing of note.
Judge John K. Stargel
John K. Stargel earned his B.S. degree from the University of Tampa in 1987 and his J.D. degree from the Florida State University College of Law in 1991. He began his legal career working on tax and budget issues for the Florida House of Representatives and the Florida Tax and Budget Reform Commission, and later served in corporate and then private practice. From 2002-2006, he served in the Florida House of Representatives. In 2006, he was elected as a judge of the Tenth Judicial Circuit Court where he served until his appointment to this position by Gov. DeSantis in 2020.
Sources
In the News
“A Florida appeals judge is being criticized for a dissent in which he argued that a 17-year-old girl’s grades and poor grammar supported a trial judge’s refusal to allow an abortion without parental consent.”
- Dissenting judge cites teen’s GPA and poor grammar to support need for parental consent for abortion, ABA Journal, 1/24/22
Judge Craig C. Villanti
Craig C. Villanti received his B.A. degree from the State University of New York at Binghamton in 1974 and his J.D. degree from Stetson University College of Law in 1977. After 13 years in private practice, he was appointed as a traffic court magistrate for the Sixth Judicial Circuit, and two years later, was elected circuit judge of that court. He continued in that position until his appointment to the Court of Appeal by then-Gov. Bush in 2003.
Sources
In the News
“Although she made decent grades in school, her answers to the questioning of counsel and the trial court were vague, and our review of her testimony supports the trial court’s finding that she was unable to articulate …,” said Monday’s decision, written by Judge Daniel Sleet and joined by Judges Craig Villanti and Edward LaRose.”
- Appeals court rules against pregnant teen in test of Florida’s parental consent law, News Service of Florida via Miami Herald, 8/18/20
Florida Bar Merit Retention Poll
Every two years, the Florida Bar’s Constitutional Judiciary Committee oversees a statewide poll that asks in-state Florida Bar members to rate judges and justices who are up for retention votes of whom they have direct knowledge.
Poll results reflect the opinion of Bar members concerning each judge’s qualifications. This is the source I rely upon most heavily in making my voting decisions.
Here are the results of the 2020 Retention Poll Summary for the Florida Supreme Court and the Second District Court of Appeal.
Florida Bar Merit Retention Poll Results – 2022
Florida Bar Merit Retention Poll Results – Prior Years
Possibly of Interest
These articles and editorials are admittedly left-learning in their orientation but may be useful to some readers:
“The Florida Supreme Court used to be the model among state high courts. Today, it’s a court gone rogue. Conservative judicial appointments have changed the court from an independent third branch of government into an activist, right-wing rubber stamp.” (Use merit retention to tweak the Florida Supreme Court, Palm Beach Post, 10/14/22)
“Gov. Ron DeSantis has reshaped the Florida Supreme Court into a political instrument of right-wing ideology that cannot be trusted to uphold the rule of law. The public’s only remaining influence over this rogue court is to deny new terms to its offending members when the opportunity arises — as it will on Election Day, Nov. 8.” (4 Florida justices have lost our confidence, Editorial by the South Florida Sun Sentinel and Orlando Sentinel, 10/15/22)
Voters have the power to oust four far-right Florida Supreme Court justices on Nov. 8. Will they use it?, Florida Bulldog, 10/12/2
How Florida Voters Could Fire Their Worst Supreme Court Justices In November, Balls and Strikes, 10/3/22
Politics and Florida’s Supreme Court: The remarkable rise of the next chief justice, Florida Bulldog, 4/3/22
For more information about Florida’s judicial merit retention process, including a Guide for Florida Voters: Answers to Your Questions about Florida Judges, Judicial Elections and Merit Retention and other voter resources, visit The Vote’s In Your Court.