Pleus v. Crist
14 So. 3d 941 (2009)
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Rule of Law:
Under Article V, section 11(c) of the Florida Constitution, the Governor has a mandatory, non-discretionary duty to make a judicial appointment from the list of nominees certified by the Judicial Nominating Commission within sixty days and lacks the authority to reject the certified list.
Facts:
- On September 2, 2008, Judge Robert J. Pleus, Jr. tendered his resignation from the Fifth District Court of Appeal to Governor Crist, effective January 5, 2009.
- The Governor requested that the Judicial Nominating Commission for the Fifth Appellate District (JNC) provide a list of qualified applicants to fill the vacancy.
- On November 6, 2008, after reviewing twenty-six applications and conducting interviews, the JNC certified a list of six nominees to the Governor.
- In a letter dated December 1, 2008, Governor Crist rejected the certified list, citing an interest in diversity, and requested that the JNC reconvene to consider three African-American applicants.
- The JNC met to consider the Governor's request but ultimately resubmitted the original list of six nominees.
- The Governor did not make an appointment from the certified list to fill the vacancy.
Procedural Posture:
- Robert J. Pleus, Jr. filed a petition for a writ of mandamus directly in the Supreme Court of Florida, the state's highest court.
- The petition sought an order to compel Governor Crist to perform his constitutional duty to fill a judicial vacancy on the Fifth District Court of Appeal.
- The Supreme Court of Florida exercised its original jurisdiction to hear the case.
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Issue:
Does Article V, section 11(c) of the Florida Constitution require the Governor to make a judicial appointment from a certified list of nominees within sixty days and prohibit the Governor from rejecting that list to request a new one?
Opinions:
Majority - Labarga, J.
Yes. Article V, section 11(c) of the Florida Constitution imposes a clear and indisputable legal duty upon the Governor to make a judicial appointment from the certified list of nominees within sixty days. The plain language of the constitution, which states the Governor 'shall' make the appointment, is mandatory. The provision contains no language granting the Governor authority to reject a certified list or extend the appointment deadline. The history of this constitutional provision reveals its purpose was to remove judicial appointments from political patronage and restrain the Governor's discretion by ensuring a merit-based selection process, vesting the screening power in an independent JNC. While the Governor retains discretion to select any nominee from the list, he cannot refuse the list itself, even for well-intentioned reasons such as promoting diversity.
Analysis:
This decision firmly establishes that the Governor's role in Florida's judicial appointment process is constitutionally constrained and largely ministerial once the Judicial Nominating Commission (JNC) has certified its list of nominees. The ruling reinforces the independence and power of the JNCs as the primary gatekeepers for judicial merit selection. By rejecting the Governor's attempt to influence the JNC's slate of candidates, even for a laudable goal like diversity, the court clarifies that the constitutional deadlines and procedures are mandatory and not subject to executive discretion. This precedent significantly limits a governor's ability to delay or shape judicial appointments beyond the single choice of selecting one candidate from the certified list.
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