L-R Florida Supreme Court Justices Renatha Francis and John Couriel. Courtesy photos. L-R Florida Supreme Court Justices Renatha Francis and John Couriel. Courtesy photos.

Florida Supreme Court Justice John Couriel has recused himself from presiding over a challenge to the appointment of Renatha Francis, amid pressure from Florida State Rep. Geraldine Thompson.

Florida Gov. Ron DeSantis elevated Couriel and Francis to the state's most powerful bench in tandem on May 26, to replace Robert Luck and Barbara Lagoa who've risen to the U.S. Court of Appeal for the Eleventh Circuit.

But Francis' appointment fell into doubt July 13, when Thompson accused DeSantis and the Florida Supreme Court's Judicial Nominating Commission chair Daniel E. Nordby of exceeding their authority by selecting someone who hasn't been a member of The Florida Bar for long enough. The state Constitution says justices have been a member for at least 10 years, but Francis has only been a member for nine. That will change Sept. 24, when she'll officially join the court.

Meanwhile, Couriel has already started his new job.

Thompson moved to disqualify Couriel Tuesday, arguing that Couriel shouldn't weigh in on the legality of the same process that resulted in his own appointment and citing fears about impartiality and fairness.

Thompson's motion pointed to Canon 3E(1) of the Florida Code of Judicial Conduct, which says appellate judges must step down if a litigant demonstrates a reasonable fear of not receiving a fair and impartial hearing, or if a recusal would best serve the interests of the administration of justice.

"In this case, Justice Couriel was appointed to the Florida Supreme Court through the same process which is being challenged in the petition currently pending before this court," Thompson's motion said. "The appearance of impropriety that would result from him participating in this case is not in the best interests of the administration of justice."

The jurist obliged by voluntarily bowing out Wednesday.

"Justice Couriel felt that the motion gave a sufficient reason for him to recuse himself on his own initiative. So he did so today," the Florida Supreme Court's public information officer Craig Waters said.

Thompson's lawyers, William Ponall Ponall Law in Maitland and Sanford solo practitioner Lisabeth Fryer, declined to comment.

Thompson's petition alleged it was "puzzling" that despite having six eligible black candidates to choose from, the JNC's list of finalists didn't include any that were constitutionally qualified. She also argues that DeSantis violated the Constitution by exceeding his 60-day deadline for filling the vacancies.

DeSantis's general counsel Joe Jacquot and JNC chair Nordby did not immediately respond to requests for comment.

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