Court Rules on appointment or election cases.

There will be one more judicial race in Florida, after the Supreme Court granted a writ of quo warranto filed by two attorneys who sought to replace a Palm Beach County judge who, under the state's resign-to-run law, gave up her seat to run for the circuit bench.

Gov. Rick Scott had sought to fill that vacancy through the judicial nominating commission merit selection process.

The court, though, turned down candidates for three other circuit court seats where the incumbents resigned just before the elective qualifying period began but made the resignations effective only days before their terms end next January.

However, in an interesting twist, a majority of the court said they thought the challengers seeking to force an election for the seats instead of allowing the gubernatorial appointment had a case, but that in these instances, the court was forced to reject their arguments

for procedural or technical reasons.

Those circuit races are in the Seventh, 10th, and 12th circuits. Judge Joseph Will resigned in the Seventh Circuit and Judge Scott Brownell resigned in the 12th Circuit, both effective December 28, a few days before their terms would normally have ended. Tenth Circuit Judge Olin Shinholser resigned effective December 26.

Elizabeth Boyle sought to run for the 12th Circuit seat; Michael Lambert wanted the Seventh Circuit vacancy; and Steve Pincket tried to file for the 10th Circuit seat.

In separate orders issued on June 3, the court granted the petition filed by Gregg S. Lerman and Thomas Baker to stop the JNC process in Palm Beach County and Scott from appointing a successor to Judge Laura Johnson, who ran unopposed for a circuit judgeship. Her resignation is effective the last day of her term.

The Supreme Court said its previous opinions and rulings have "specifically determined that Section 99.012 [the resign-to-run law] Florida Statutes, is an exception to the Governor's power of appointment in the context of judicial vacancies. See In re Advisory Op. to Governor, 276 So. 2d 25, 26 (Fla. 1973); Spector v. Glisson, 305 So. 2d 111, 782-83 (Fla. 1974) (noting that Section 99.012 is a restriction on the governor's power of appointment); see also In re Advisory Op. of Governor Request of September 6, 1974, 301 So. 2d4,6-7 (Fla. 1974)(noting Section 99.012 as an exception to the appointment process because 'the effective date of the vacancy coincided with the commencement of the terms of other judicial officers elected during the...