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, 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.