New Florida Supreme Court Justice

In Florida, a governor gets to appoint a Supreme Court justice whenever a seat becomes vacant, no matter where they are in their own term. There’s no rule saying a governor can only appoint justices during certain years it depends on the court vacancy, not the governor’s calendar.

1. What triggers an appointment?

A vacancy on the Florida Supreme Court happens when a justice:

• retires,

• resigns, or

• otherwise leaves the court.

When that happens, the governor must fill the seat. The Florida Senate

Most recently, Justice Charles Canady announced he’s stepping down from the court, creating a new vacancy. The Florida Bar+1

2. What’s the process?

1. A Judicial Nominating Commission (JNC) vets applicants and sends the governor a list of 3–6 nominees qualified to serve. The Florida Senate

2. The governor chooses one person from that list. The Florida Senate

3. The appointee serves until the next general election happening at least one year after the appointment, where voters decide whether the justice stays in office via retention vote. The Florida Senate

There is no confirmation hearing by the Florida Senate for Supreme Court appointments the governor’s appointment is effective once he selects the nominee from the JNC list. The Florida Senate

3. When does this happen?

The governor’s authority to appoint begins as soon as the vacancy exists  even if it happens late in his term. The Florida Constitution doesn't say a governor loses appointment power just because their term is about to end. The Florida Senate

That means: If a justice retires while DeSantis is still governor, DeSantis can appoint the replacement even if his term ends soon. The Florida Senate

4. What about elections?

After the appointment:

• The new justice must stand for retention at the next general election at least 1 year later.

• Florida voters then vote yes/no on whether the justice stays for a full six-year term. The Florida Senate

Quick Facts to Share

• Governor appoints justices whenever a vacancy happens. The Florida Senate

• There’s no requirement that a governor must be in the “middle” of a term to appoint a justice. The Florida Senate

• The JNC screens candidates and sends a list to the governor. The Florida Senate

• The justice then eventually stands for a retention vote by Florida voters. The Florida Senate

Why this matters

Supreme Court justices in Florida help decide major legal issues from voting rights to how state laws are interpreted. As a result, each appointment can shape Florida’s legal landscape for years. And because DeSantis has already appointed most of the court, another appointment will increase his influence on future decisions. NBC 6 South Florida

Here are the Nominees:

• Roger Gannam, a 6th District Court of Appeal judge in Lakeland. He was appointed by DeSantis in 2023. Before that, he worked for law firms in Jacksonville on "a broad range of business and consumer litigation matters," among others.

• John Guard, Chief Deputy Attorney General for Florida Attorney General James Uthmeier. Recently, Guard was acting attorney general after Ashley Moody stepped down to replace Marco Rubio in the U.S. Senate and before Uthmeier was tapped by DeSantis to lead the office.

• Robert Long, a 1st District Court of Appeal judge in Tallahassee. He was appointed by DeSantis in 2020. Before that, he was a circuit judge and general counsel and a major on the executive command staff at the Leon County Sheriff’s Office.

• Joshua Mize, a 6th District Court of Appeal judge in Lakeland. He was appointed by DeSantis in 2023. Before that, he was a circuit judge and in private practice.

• Adam Tanenbaum, a 1st District Court of Appeal judge in Tallahassee. He was appointed by DeSantis in 2019. He's been general counsel for the Florida House, general counsel for the Florida Department of State and the state's chief deputy solicitor general.

• Samuel Salario, a shareholder in the Tampa office of the Lawson Huck Gonzalez law firm. Its founder, Alan Lawson, is a former Supreme Court justice. Another name partner, Jason Gonzalez, is a member of the Florida Supreme Court Judicial Nominating Commission. Salario also sat on the 2nd District Court of Appeal in Tampa.