1st-year judges face retention vote Nov. 8

TALLAHASSEE Three Florida Supreme Court justices and 28 state appellate judges face merit-retention votes in the Nov. 8 general election.

Under the nonpartisan merit retention system, whichwas first used in the 1978 elections in Florida, Supreme Court justices and appellate judges are appointed by the governor and then face an initial retention vote, after one year in office, in the next general election.

After the initial retention vote, which requires support from a majority of voters, justices and judges face retention votes every six years.

In the nearly 40-year history of the merit retention system, no Florida justice or appellate judge has failed to win a majority retention vote, although some have faced opposition. If a justice or judge failed to receive a majority retention vote, it would create a vacancy in the office, starting the process of nominating another jurist who would be appointed by the governor.

This year, Supreme Court Chief Justice Jorge Labarga and justices Charles Canady and Ricky Polston, who were all appointed to the state’s highest court by former Gov. Charlie Crist, will face their second merit-retention votes.

In 2010, the three justices easily cleared their initial retention tests, ranging from Canady’s support from 67.5 percent of the voters to Labarga’s 59 percent. Polston received 66 percent support.

The 28 appellate judges facing votes this year are spread across the state’s five appellate districts, each of which include multiple counties. For example, residents in the 14 counties that are part of the 2nd District Court of Appeal will vote on whether to retain 10 appellate judges. The Lakeland2nd District Court of Appeal stretches fromPasco County to Collier County.

The merit-retention elections have drawn little attention and no controversy this year.

A poll last month by The Florida Bar of nearly 6,000 lawyers foundmore than eight out of every 10 lawyers believe the justices and judges should be retained.