Florida Supreme Court Agrees to Hear Scott Israel's Lawsuit Against Gov. DeSantis
Israel's brief is due by April 13, while DeSantis must file his by April 16. The governor said he booted Israel in part for incompetency regarding the Broward Sheriff's Office's handling of the mass shooting at Marjory Stoneman Douglas High School in Parkland on Feb. 14, 2018.
April 11, 2019 at 03:51 PM
3 minute read
Former Broward Sheriff Scott Israel and Florida Gov. Ron DeSantis. Courtesy photo.
The Florida Supreme Court has accepted jurisdiction in ex-Broward Sheriff Scott Israel's lawsuit against Gov. Ron DeSantis, who removed him from office via an executive order.
The high court's decision to hear the case arrived less than a week after Israel challenged in the Fourth District Court of Appeal the dismissal of his suit by Broward Circuit Judge David Haimes.
DeSantis responded to that appeal by filing an April 5 motion, contending the dispute should bypass the state appellate court and that Florida Supreme Court ought to rule on Israel's allegations of gubernatorial abuse.
“There is a need for immediate resolution of this dispute by the Florida Supreme Court,” the filing said. “The issue is of great public importance and is likely to have a great effect on the proper administration of justice.”
The Fourth DCA entered an order Tuesday certifying the litigation to the Florida Supreme Court.
Then on Wednesday, the high court accepted the case. Israel's brief is due by April 13, while DeSantis must file by April 16. Israel's response brief is scheduled to be filed one day later, on April 17.
The governor's press office did not respond to requests for comment by press time.
Read the Florida Supreme Court's order:
Appellate attorney Benedict “Ben” Kuehne, who is representing Israel alongside Palm Beach Gardens lawyer Stuart Kaplan, said his client “welcomes the expedited briefing schedule.” Their client claims DeSantis' actions in suspending and then firing him through an executive order exceeded the governor's powers under the Florida Constitution.
For his part, DeSantis said he booted Israel in part for incompetency regarding the Broward Sheriff's Office's handling of the mass shooting at Marjory Stoneman Douglas High School in Parkland on Feb. 14, 2018.
But plaintiff counsel Kuehne and Kaplan say the move “represents an unprecedented use of the suspension power to disenfranchise the voters, who alone hold the authority to determine their elected officials.”
“This is not merely an issue for Sheriff Israel, whose removal resulted from the governor's election campaign political deal-making,” the attorneys said in a statement. “It also represents an unprecedented use of the suspension power to disenfranchise the voters, who alone hold the authority to determine their elected officials.”
Related stories:
Ex-Broward Sheriff's Appeal Against Gov. DeSantis Certified to Florida Supreme Court
Read the Ruling: Judge Dismisses Case by Broward Sheriff Ousted Over Parkland Shooting
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