Orlando Sentinel

DeSantis can fill spot on state Supreme Court

Justice Luck was confirmed to federal appeals court by Senate

- By Gray Rohrer grohrer@orlandosen­tinel.com or 850-222-5564

TALLAHASSE­E – Florida Supreme Court Justice Robert Luck was confirmed to a federal appeals court by the U.S. Senate on Tuesday, giving Gov. Ron DeSantis another vacancy to fill on the state’s high court.

The Senate vote of 64-31 put Luck on the 11th Circuit Court of Appeals based in Atlanta and ended his 10-month stint on the Florida Supreme Court. Luck previously served on Florida’s Third District Court of Appeal for two years prior to his appointmen­t to the Florida Supreme Court and on the Miami-Dade circuit court starting in 2013, when he was appointed by then-Gov. Rick Scott.

“Justice Luck is a native Floridian who has dedicated himself to a career in public service,” said Scott, now a U.S. Senator, following his confirmati­on. “I’m confident Justice Luck will continue to serve our state and nation well, and I am honored to support his confirmati­on to the federal bench.”

Luck was the second appointee named to the court by DeSantis, who had to fill three vacancies on the Florida Supreme Court immediatel­y after taking office Jan. 8. DeSantis named three conservati­ves to the bench, replacing three liberal justices forced to leave because of age limits in the state constituti­on, transformi­ng a 4-3 liberal majority on the court into a 6-1 conservati­ve majority.

Now DeSantis could have another two openings to fill. Justice Barbara Lagoa, DeSantis’ first appointee to the court, was also nominated to the 11th Circuit, and the Senate is scheduled to vote on her confirmati­on later this week, according to Scott’s office.

To fill the vacancies, DeSantis will convene the Judicial Nominating Commission, a nine-member panel chosen primarily by DeSantis. The commission will vet and interview applicants before selecting three to six nominees before DeSantis, who must choose from their list.

Once the JNC is convened, it has 60 days to present DeSantis with a slate of candidates, and DeSantis

has 60 days to make the appointmen­t after that.

There is no confirmati­on by the state Senate for Florida Supreme Court appointees.

“Based on the Governors appointmen­ts to date, it is clear that Florida has a great pool of talent from a broad range of background­s and we look forward to reviewing the new list of recommenda­tions from the JNC,” DeSantis spokeswoma­n Helen Ferre said in an email.

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