DeSantis picks 2nd Miami appeals judge

MIAMI – Republican Gov. Ron DeSantis named a Miami appeals judge as the second of his three appointments to the Florida Supreme Court Monday morning, solidifying his stamp on the court and moving it further into a conservative direction.

Robert Luck, 39, who serves on the 3rd District Court of Appeal, said he is the first Jewish justice to serve on the state Supreme Court in more than 20 years.

“The constitution — not the judiciary is supreme,” he said during a news conference at Miami’s Scheck Hillel Community School, where he attended kindergarten. “This morning, governor, with you standing by my side, I have taken an oath to make the constitution — not the judiciary — supreme.”

On the campaign trail and in his inaugural speech on Jan. 8, DeSantis promised to appoint judges who would end “judicial activism” and refrain from legislating from the bench.

DeSantis will fill three seats on the seven-member state Supreme Court, because three justices termed out for mandatory retirement at age 70 on Jan. 8. Last week, he named Barbara Lagoa, another Miami appeals judge, as his first appointment. Lagoa is the first Cuban American woman to serve on the court.

DeSantis praised the judicial talent in South Florida.

“These were great, great candidates. … I think it speaks well of this community,” he said.

Luck, a former federal prosecutor, attended the University of Florida as an undergraduate and got his law degree in 2004 from Florida. As a federal prosecutor, Luck focused on gun violence, Medicare fraud and investment fraud. Luck was a circuit judge in Miami from 2013 to 2017, when Gov. Rick Scott elevated him to the appeals bench.

In 2015, Luck made headlines when a man who had been mentally incompetent attacked him during a court hearing. Luck suffered a scratch to his neck and a cut on the back of his head. He declined medical attention from paramedics and recused himself from the case.

Conservative groups voiced their support. The Florida Family Policy Council, which opposes abortion, called Luck a “brilliant jurist.” “Luck fully understands that the role of a judge is a limited one of restraint,” the group’s president John Stemberger said.

Shortly after the Monday morning announcement, Sen. Perry Thurston, D-Fort Lauderdale, released this statement: “With his last appointment to Florida’s Supreme Court imminent, we are again urging Governor Ron DeSantis to maintain diversity on our highest court. We know there are candidates not being considered that are highly qualified and represent Florida’s diversity.”

DeSantis is selecting from a list of 11 nominees delivered by the supreme court Judicial Nominating Commission; none of the 11 is black, although six of the original 59 applicants were. This will be the first time in 36 years there will be no African American on the court.

As DeSantis wraps up his first week as Florida’s governor, it’s a week that was marked by appointments and suspensions. In addition to the judicial appointments, DeSantis:

■ Suspended Broward County Sheriff Scott Israel over his agency’s response to the Parkland shooting, replacing him with former Coral Springs Police Sgt. Gregory Tony.

■ Suspended Okaloosa County Superintendent of Schools Mary Beth Jackson for failing to protect special needs students, replacing her with Marcus Chambers, the assistant superintendent of curriculum and instruction.

■ Demanded the resignations of the entire South Florida Water Management District board. DeSantis had been angered by the board when it extended a lease in November for sugar farmers on land that has been slated for a reservoir.

Luck