DeSantis Faces Legal Challenge Over Unfilled Judge Vacancy in Tallahassee

Tallahassee, Florida, USA - In a significant judicial turn of events, Attorney Maite C. Garcia has taken action against Governor Ron DeSantis over his failure to appoint a circuit judge in the Tallahassee area. The petition, filed with the Florida Supreme Court, indicates the governor’s late response to a list of nominees from the 2nd Circuit Judicial Nominating Commission, which he received on April 30. According to Tallahassee Reports, the deadline was set for June 29, leaving the circuit court vacancy unfilled as the crucial date passed.

Garcia’s petition argues that a full complement of judges is essential for the efficient administration of civil and criminal justice. With the retirement of circuit judge Robert Wheeler on March 31, this vacancy raises pressing concerns for court operations within the 2nd Judicial Circuit, which encompasses Leon, Gadsden, Liberty, Franklin, Wakulla, and Jefferson counties. Garcia is not only pushing for the appointment but also wishes for a chance to vote on the governor’s choice for the vacancy in the upcoming election, as enshrined in the state Constitution. Additionally, she has aspirations to run for the circuit judge position in the 2026 election.

Governor’s Recent Appointments

While these legal proceedings unfold, Governor DeSantis has been active in other judicial appointments across Florida. Recently, he announced that he has appointed three judges to the Hillsborough County and Orange County courts, as reported by Florida Governor’s Office.

• Branden Henderson is set to join the Hillsborough County Court as a judge. Previously serving as counsel at First American Law Group since 2020, he holds a bachelor’s degree from James Madison University and a Juris Doctor from Ave Maria School of Law.
• Colleen O’Brien, appointed to the Hillsborough County Court, has been the General Counsel for the Hillsborough County Supervisor of Elections Office since 2022. With a bachelor’s degree from the University of South Florida and a Juris Doctor from Stetson University, she also brings legal experience from her time at the Florida Department of State.
• Steven Miller will take a seat on the Orange County Court. As an Assistant State Attorney for the Fifth Judicial Circuit since 2021, he has a strong legal background, including a Juris Doctor from Florida A&M University.

These appointments were made to fill vacancies resulting from legislative changes and previous resignations, providing much-needed replenishment to the judicial benches in these counties.

Despite DeSantis making strides in other areas of judicial appointments, the case regarding the Tallahassee vacancy holds significant implications for the local government and justice system. As the Supreme Court has granted the governor until July 14 to respond to Garcia’s petition, many are watching closely to see how this situation unfolds. Will Floridians have a chance to weigh in on future appointments as the Constitution mandates? Only time will tell.