SC09-565 – Robert J. Pleus, Jr. v. Charles J. Crist, Jr., Governor

State: Florida

Docket No: SC09-565

Case Date: 07/02/2009

Preview:Supreme Court of Florida
____________ No. SC09-565 ____________ ROBERT J. PLEUS, JR., Petitioner, vs. CHARLES J. CRIST, JR., GOVERNOR, Respondent. [July 2, 2009] LABARGA, J. Petitioner Robert J. Pleus, Jr., a retired judge of the Fifth District Court of Appeal, filed a petition for writ of mandamus in this Court seeking an order compelling Governor Crist to fill the vacancy created in the Fifth District Court of Appeal by the Petitioner's mandatory resignation.1 The issue raised by the petition concerns the extent of the Governor's authority in making judicial appointments

1. Article V, section 8, of the Florida Constitution provides, in pertinent part, that [n]o justice or judge shall serve after attaining the age of seventy years except upon temporary assignment or to complete a term, one-half of which has been served. Petitioner has served on the Fifth District Court of Appeal as a senior judge since his retirement.

under the Florida Constitution.2 Specifically, we are called upon to decide whether the Governor must fill the vacancy created by Petitioner's resignation with a judicial appointment from the list of nominees certified to him on November 6, 2008, and do so within sixty days of receiving that list.3 Having reviewed the parties' pleadings, as well as the briefs filed by Amici Curiae,4 and in consideration of the oral arguments, we conclude that the Florida Constitution mandates that the Governor appoint a judicial nominee within sixty days of the certification of nominees by the Judicial Nominating Commission for the Fifth Appellate District. We also conclude that, within this process, the Governor is not provided the authority under the constitution to reject the certified list and request that a new list be certified. I. Background The facts are not in dispute. Petitioner tendered his resignation as judge of the Fifth District Court of Appeal to the Governor on September 2, 2008, to 2. This case does not involve any claim that the process for the selection of the nominees was tainted by impropriety or illegality. Our decision in this case should not be understood to suggest that no remedy would be available to address such a tainted process. 3. We have jurisdiction. See art. V,

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