Florida

A trial judge dismissed a lawsuit seeking to remove three supreme court justices from the November retention ballot, ruling that the two Florida voters who filed the suit lack standing. With the assistance of the Southeast Legal Foundation, the voters claimed that the justices violated state law by using court employees to assist in filing campaign documents.

A hearing is scheduled for August 8 to address whether the three justices standing for retention in November should be removed from the ballot. In June, the Southeastern Legal Foundation filed a suit on behalf of two Florida voters alleging that the justices violated state law by using court employees to assist in filing campaign documents.

The three justices who are standing for retention in November have raised nearly $1 million for their campaigns. The bulk of these contributions have come from lawyers and law firms. The justices are prohibited from personally soliciting contributions, so they have appointed campaign committees to act in their behalf.

Groups formed to support and oppose the retention of three supreme court justices are expected to run television spots and newspaper ads as the November election nears. “Restore Justice 2012” is targeting the justices for their role in removing a proposed constitutional amendment regarding federal health care from the 2010 ballot.

A state prosecutor announced that no charges would be filed against the three justices standing for retention in November. Governor Scott asked the state law enforcement agency to investigate whether the justices had violated state law in having court employees notarize campaign documents during working hours in order to meet a filing deadline, but according to the prosecutor, this cannot reasonably be described as furthering the justices’ campaigns.

A group known as Defend Justice from Politics formed to support the three justices up for retention in November.

Governor Scott asked a state law enforcement agency to decide if an investigation is warranted into whether the three justices standing for retention in November violated state law by seeking assistance from court staff in filing election-related paperwork, and two citizens filed a lawsuit asking the secretary of state to remove the three justices from the ballot.

At a recent campaign appearance, Justice Barbara Pariente cautioned that a November vote not to retain her and two fellow justices who are also on the ballot would allow Governor Scott to make "partisan judicial appointments."

As of mid-April, the three supreme court justices standing for retention in November had each raised between $156,000 and $160,000 for their retention effort, most of which came from lawyers and law firms. Committees handle the justices’ campaign finances, as the code of judicial conduct bars them from personally soliciting contributions.

In the context of retention opposition campaigns against three supreme court justices, the Florida Bar, the American Bar Association, and the League of Women Voters of Florida launched a “The Vote’s in Your Court” public education campaign.