Justices John D. Couriel, left, and Charles Canady, right. Courtesy photo/ALM. Justices Served as References for Appeals Court Hopefuls
Justices John Couriel and Charles Canady served as references for candidates seeking seats on the new Sixth District Court of Appeal.
November 22, 2022 at 10:44 AM
4 minute read
Judges
Justices John D. Couriel, left, and Charles Canady, right. Courtesy photo/ALM.
An attorney helping challenge the eligibility of candidates to become judges on revamped state appeals courts objected Monday to two Florida Supreme Court justices taking part in deciding the cases.
Justices John Couriel and Charles Canady served as references for candidates seeking seats on the new Sixth District Court of Appeal, including Couriel providing a reference for state Rep. Mike Beltran, a Lithia Republican seeking appointment to a judicial post, according to documents posted on the Supreme Court website.
"Justice John D. Couriel agreed to serve as a reference in support of the application of Representative Michael Beltran for appointment to the Sixth District Court of Appeal," a letter sent to attorneys in the cases said. "Pursuant to (a canon) of the Code of Judicial Conduct, if the parties agree that Justice Couriel should not be disqualified on that basis, he may participate in the proceedings."
Late Monday afternoon, Lisabeth Fryer, an attorney for petitioners in the cases, responded by saying Couriel and Canady should be disqualified.
"After careful consideration and conference with the petitioners, undersigned counsel does not consent to Justice John D. Couriel's participation," wrote Fryer, who submitted a nearly identical response objecting to Canady's participation.
The documents came in two cases filed Thursday at the Supreme Court that allege Beltran, Florida Gaming Control Commission Chairman John MacIver and three other candidates do not meet residency requirements to serve as judges in the Sixth District Court of Appeal and a revamped 5th District Court of Appeal.
The Legislature this year approved a plan (HB 7027) that added the Sixth District Court of Appeal and revised the jurisdictions of the 1st District Court of Appeal, the 2nd District Court of Appeal and the 5th District Court of Appeal. The changes are scheduled to take effect Jan. 1, and Gov. Ron DeSantis will appoint judges to fill vacant positions.
Judicial nominating commissions reviewed applicants and sent lists of candidates to DeSantis for consideration.
In addition to Beltran, the Sixth District Court of Appeal case challenges the eligibility of Leon County Circuit Judge Stephen Everett and Hillsborough County Circuit Judge Jared Smith. The Sixth District Court of Appeal, which will be based in Polk County, will hear cases from the 9th, 10th and 20th judicial circuits — an area that includes Orange, Osceola, Hardee, Highlands, Polk, Charlotte, Collier, Glades, Hendry and Lee counties.
The other case challenges the candidacies of MacIver, a Leon County resident, and Palm Beach County Circuit Judge Paige Kilbane in the redrawn 5th District Court of Appeal. That court, which will be based in Volusia County, will hear cases from the 4th, 5th, 7th and 18th judicial circuits — an area that includes Duval, Nassau, Clay, Citrus, Hernando, Lake, Marion, Sumter, St. Johns, Putnam, Flagler, Volusia, Brevard and Seminole counties.
Supreme Court Clerk John Tomasino sent letters Monday to attorneys in both cases about the possibility of the justices being disqualified. The letters said Canady served as a reference for Danielle Brewer, a judge in the 12th Judicial Circuit, and Michael T. McHugh, a judge in the 20th Judicial Circuit.
Brewer and McHugh are on a list of candidates that the Sixth District Court of Appeal Judicial Nominating Commission sent to DeSantis for consideration. As a judge in the 12th Judicial Circuit, which includes DeSoto, Manatee and Sarasota counties, Brewer is not part of the area that will be covered by the Sixth District Court of Appeal — though she was not named in the case challenging Beltran, Everett and Smith.
Newly elected state Sen. Geraldine Thompson, D-Windermere, is the petitioner in the Sixth District Court of Appeal case. Volusia County resident Whitney Boan is the petitioner in the 5th District Court of Appeal case.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Against the Odds: Voters Elect Woody Clermont to the Broward Judicial Bench
4 minute read
4 New Judges: Meet the Lawyers DeSantis Just Elevated to the Bench
'Rapidly Closing Window': Progressive Groups Urge Senate Votes on Biden's Judicial Nominees
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
