DeSantis sued by ACLU over missing deadline to appoint new Tallahassee-area judge
The civil-rights group says it filed what's known as a petition for writ of mandamus with the Florida Supreme Court on July 3. It's a court order that compels an elected official to perform a certain action.
Nicholas Warren, a staff attorney with the ACLU of Florida, told the Tallahassee Democrat that DeSantis blew a constitutional deadline of June 29 to appoint a new circuit judge in the Big Bend's 2nd Judicial Circuit, replacing Robert Wheeler, who retired.
Maite Garcia, a Tallahassee-based attorney, is the petitioner in the lawsuit.
'Judges have the power to shape our lives, ruling on everything from custody disputes to serious criminal cases to violations of our constitutional rights," Garcia said in a statement. "This vacancy must be filled without delay to ensure access to justice and protect our community's right to elect a judge of our choosing.'
Because of election deadlines, the governor's delay may create extra time before his appointee has to run for the seat, the petition says. Circuit judges who are appointed must run as no party-candidates in the next general election. They then serve six-year terms.
"Had the Governor complied with his duty, his appointee's term would end on January 4, 2027, allowing voters to elect their candidate of choice at the 2026 election," it says. "If the Governor fails to fill this vacancy by August 18, 2025,his appointee may evade the electors until the 2028 election."
A request for comment is pending with the governor's office; state government was closed July 3 because DeSantis gave state workers the day off for a 4-day holiday weekend.
Among other things, circuit judges handle felony and juvenile cases and civil lawsuits worth $50,000 or more.
A judicial nominating commission has already sent DeSantis six finalists:
James A. Beville, an assistant state attorney based in Quincy.
C. Ian Garland, a lawyer in the Medicaid Fraud Control Unit of the Florida Attorney General's Office.
Jason Jones, a Leon County judge.
Stefanie Newlin, another Leon County judge.
Carlos Rey, general counsel for the Florida Senate.
Steven Sellers, an attorney with Tallahassee's O'Steen & O'Steen law firm.
'The governor's failure to comply with this clear constitutional deadline is just another example of him flouting our Constitution's clear mandates," said Nicholas Warren, a staff attorney with the ACLU of Florida. "We're suing ... to make him do the job he was elected to do.'
The 2nd Judicial Circuit, based in Tallahassee, includes Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties. According to the Office of the State Courts Administrator, as of the 2024-25 budget year, circuit judges were paid $196,898.04 per year.
More: Florida Gov. DeSantis to appoint new circuit judge for Tallahassee-area court
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Information on the applicants comes from The Florida Bar and online searches. This story contains previously published material. Jim Rosica can be reached at jrosica@tallahassee.com. Follow him on X: @JimRosicaFL.
This article originally appeared on Tallahassee Democrat: DeSantis sued for delay in filling 2nd Judicial Circuit seat
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