Source: Slate.com: Rick Scott Is Preparing to Pack the State Supreme Court After His Term Ends
On Jan. 8, 2019, a new governor of Florida will be sworn in. On that same day, three of the Florida Supreme Court’s seven justices will complete their final terms. Based on those facts alone, you might assume that the new Florida governor will have the opportunity to select these justices’ replacements. That, however, is not at all clear—because current Republican Gov. Rick Scott has declared his intent to replace them hours before his term concludes. He is now moving forward with this plan to pack the court. And the only people who can stop him are the current justices themselves.
To carry out this scheme, Scott has seized upon language in the Florida Constitution which, he asserts, gives him to power to make “midnight appointments” (as one Scott ally has described them). Under the state constitution, a new governor’s term begins “on the first Tuesday after the first Monday in January.” Meanwhile, a retiring justice’s term ends “on the first Tuesday after the first Monday in January.” Due to mandatory age limits, three justices—all left-leaning—face mandatory retirement on this date. The question is when, precisely, their retirement takes effect.
Scott insists that the justices’ terms expire at the stroke of midnight on Jan. 8, but that his own term does not end until his successor is sworn in on that day, typically at noon. Thus, he believes he will have about 12 hours to name three new justices, shifting the court to the right for a generation. Scott announced this plan when he appointed his first justice in 2016, declaring: “I will appoint three more justices on the morning I finish my term.”
Alarmed by this prospect, Common Cause and the League of Women Voters filed a lawsuit urging the Florida Supreme Court to rule that the next governor, not Scott, is constitutionally authorized to make the appointments. Their arguments are difficult to contest. The suit cites a slew of cases in which Florida courts determined that, when “a period of time expires on a date,” it expires at the end of that date. On matters ranging from the terms of a contract to the length of a legislative session, the courts have found that the clock runs out “at midnight” at the end of the final day. For instance, one case found that “when a contract requires payment by June 1, there can be no default until the clock strikes midnight on June 2.” Applied here, this rule means the retiring justices’ term runs through Jan. 8 and expires when the clock strikes midnight on Jan. 9.
On Monday, the Florida Supreme Court ruled that Scott can’t do what he’s trying to do. So, the newly elected governor will get to fill the vacancies. So PLEASE consider voting for Gillum this coming election day.
Obama talked about Prison reform to for a bit but never did anything of any significance. Lets see how Trump does in this arena.
Trump actually shot down the plan proposed by his own son-in-law last month. Republicans in Congress don’t like any reforms that make punishment less severe. No one wants to do anything until AFTER the mid-term elections. However, there is always the next election to worry about as well. Their priority is to hold onto their seats, not to actually accomplish anything to do with common sense.
https://www.politico.com/story/2018/08/23/trump-prison-reform-bill-justice-department-794871
Am I crazy, but doesnt this sound like FDLE’s definition of a “day”??
I wouldn’t be all that concerned. The Florida Supreme Court mainly deals with death penalty cases and attorney disbarment. The only time it has ever done anything even remotely helpful for our cause was two decades ago when it declared the former version of F.S. 794.05 unconstitutional. A few years later, it overturned the Second DCA’s ruling that the new version of that law was unconstitutional and it’s been all downhill from there. The Florida Supreme Court has refused to strike down even the most draconian state and municipal sex offender laws. Our only judicial relief will come from the federal courts.
Strongly, strongly disagree with you.
Well, if he is sucksessful, I will have no choice but to leave Floriduh. Herr Snot is stacking the deck in case his lapdog DeSatanist loses. If Mayor Gillum is able to win, his power will be emasculated by a right-wing, socially-impaired Supreme Court.
Even Georgia is moving forward, not backwards like Floriduh, on SO reform. Floriduh continues to be a backwoods, regressive, redneck dominated land of rubes.
I would love to see Florida move in the direction Ga has with the “escape hatch” whereby low level offenders can get off the list.
In Georgia MOST offenders can get off the list and the state requires an individualized evaluation. What happened with Georgia is that they went SO far that not only did the Federal courts hand them their ass, so did their now state courts. Still sucks if you were convicted more recently, but at least there is some light at the end of the tunnel. I am kicking myself for not moving there after they changed their laws circa 2011 when I could still afford to move. Trying to make that move now.I qualify for removal even as a default “Tier 2” like I am in Florida because it has been 12 years since end of probation. But one lawyer said that it might be a good idea to get evaluated anyway because it is close to a for sure thing that I would be classified as a Their 1 in Georgia and because of my conviction date, my five little picture charges do not require registration. so I would only be asking for relief on two charges.
I moved my business and my wife to Ga from SC because of the improvement in how we are treated there compared to SC.
I like having to register only once a year ,no restrictions and no annual fee. I believe that this is all due to the lawsuit filed by the Southern Poverty Law Center in Atlanta. I would think that a lawyer in SC could take their same arguments and use it against SC and their running wild with new restrictions since Smith vs Doe in 2003.
Just another Trumpian abuse of power. We have Gotta keep this corrupt scum bag outta the senate.
I’m not a Trump fan, but let’s not confuse the issue here. This is Rick Scott’s abuse. I’m even less of a fan of him.
I’m neither fan of both, but at least Trump in his state of the union address on January 2018 said he wants to work on reforming our prisons so that former inmates who have served their time can get a second chance – whether he meant that or not is another thing. You would never hear that coming from Scott’s mouth. it’ll be more like:
” Felons can ask for a second chance after they serve another decade of years, and visit my throne room here in Tallahassee and ask me for a second chance, but only if I feel comfortable that day and not ask me for a reason why, after I inescapably deny them ”
Scott is the opposite of his predecessor Charlie Crist who handed out pardons like if they were flyers passed in a night club.
The sad thing about such power thirsty tactics is that the politicians are often successful at putting out nonsense propaganda convincing far too many voters that they are just acting in the public interest. It is disgusting.