First District Court of Appeal permits interviews to be scheduled in Foster succession dispute

By Adam Kaufman
Legal Analyst
June 12, 2018 1:21 p.m.

In response to a Motion on behalf of Governor Rick Scott, the First District Court of Appeal this morning has ordered that the Fourth Circuit Judicial Nominating Commission is permitted to continue its interview and nomination process, pending the Court’s final review of that motion.

The Motion on behalf of the Governor seeks review of yesterday’s ruling by Circuit Court Judge Charles Dodson who lifted the “automatic stay” that was in effect when Scott appealed Dodson’s ruling that Judge Foster’s seat must be filled by election rather than appointment by the Governor. The Motion, in part, requested the Court of Appeal to “issue an order immediately re-imposing the stay on an interim basis for the sole purpose of permitting the Fourth Circuit Judicial Nominating Commission to complete its interview and nomination process before the constitutional deadline of June 22, 2018 pending [the District Court of Appeal’s] consideration of the balance of the relief requested by [the Governor].”

The Court of Appeal granted that portion of the Governor’s Motion

Florida Supreme Court precedent provides that automatic stays afforded to government entities and officials should be vacated only under the most “compelling circumstances.”

Attorneys for the Governor argued that Dodson’s rulings contain remedies that exceeded a trial court’s authority and that in vacating the automatic stay there was no evidence of compelling circumstances or likelihood of irreparable harm presented if the Judicial Nominating Commission were allowed to proceed with its interviews.

David Trotti, the Jacksonville attorney who brought the lawsuit with regard to filling of the Foster seat has until June 15, 2018 to respond to the Governor’s Motion.

The Observer has been informed that the Nominating Commission is now canvassing its members and the applicants in an attempt to reschedule interviews next week.

To read the article about this lawsuit by Adam Kaufman “Judicial abdication – Judicial selection,”click here.

To read previous article on “Interviews for 4th Circuit Judgeship suspended” click here.

Editor’s Note: Adam Kaufman, a graduate of Northwestern University Pritzker School of Law, is a retired attorney, mediator, and arbitrator.