In Florida, judges on the state’s six appellate courts, as well as the justices on the state Supreme Court, are appointed by the governor, following screenings by a Judicial Nominating Committee. However, after their nomination, they must go before voters for a merit retention vote, in order to remain in their position. Newly-appointed judges go on a general election ballot within three years of their appointment. If they are retained, they serve a six-year term, and face retention votes at the end of each term. If a judge is not retained, they will be replaced in the same manner they were appointed.
As the Florida Bar points out on its website, The Vote’s In Your Court, you can learn about judges in retention races by reading their voluntary disclosure forms, and about their past case decisions.
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Florida’s Fifth District Court of Appeal is based in Daytona Beach, and hears cases from the 4th, 5th, 7th, and 18th circuits. In Northeast Florida, that includes Clay, Duval, Flagler, Nassau, Putnam, and St. Johns counties. These merit retention races will appear on all ballots in those counties.
Eleven judges sit on the Fifth District Court of Appeal, and three of them face merit retention votes this year. The court’s most recent written opinions are available, as is an archive of the court’s opinions.
Learn more about the judges facing merit retention below:
Judge John M. Harris
- Appointed by Gov. Rick Scott in July 2018
Judge Scott Makar
- Appointed to 1st District Court of Appeal by Gov. Rick Scott on February 6, 2012, recommissioned to Fifth District Court of Appeal by Gov. Ron DeSantis on January 1, 2023 (after reorganization of court regions)
Judge F. Rand Wallis
- Served on Fifth District Court of Appeal since 2013