May 2020 – Florida Justice Reform Institute

Gov. DeSantis announces two Florida Supreme Court appointments

May 27, 2020/in News4Jax

Gov. DeSantis announces two Florida Supreme Court appointments

Gov. Ron DeSantis on Tuesday named Miami attorney John Couriel
and Palm Beach County Circuit Judge Renatha Francis to the Florida Supreme Court.
(Copyright 2020 by WJXT News4Jax – All rights reserved.)

Staff, News Service of Florida
Published: May 26, 2020, 12:53 pm – Updated: May 26, 2020, 5:04 pm

MIAMI – Gov. Ron DeSantis on Tuesday appointed John Couriel and Renatha Francis to the Florida Supreme Court, choosing two justices expected to cement the court’s conservative majority for years to come.

DeSantis said the appointments came two months late because he was focused on the state’s response to the coronavirus pandemic, noting that he wanted to dedicate sufficient time to properly vet the candidates.

In selecting Couriel and Francis, DeSantis tapped two justices who share his conservative views on the limited role of the courts, after a liberal-leaning bloc for years thwarted Republican lawmakers and governors on numerous high-profile policy fronts.

“The Florida Supreme Court protects the people’s liberty, and part of doing that is respecting the limited role that judges play in our constitutional system of government. As judges, we exercise neither force nor will, merely judgment,” Francis said at a news conference in Miami.

Francis, a Palm Beach County circuit judge, was born in Jamaica and will become the first Caribbean-American to serve on the Supreme Court, DeSantis said. She also will be the first black justice since Peggy Quince retired early last year.

“Her understanding of the Constitution reminds me of another famous Caribbean-American, Alexander Hamilton,” DeSantis said. “Hamilton articulated what Judge Francis deeply understands: that the judiciary lacks authority to indulge its legislative preferences.”

DeSantis also praised Couriel, a Miami litigator.

“One of the things that John brings is he instinctively understands the proper role of the judiciary. He understands the structural limitations in the Constitution, all those things that you would want,” DeSantis said.

Couriel, who once served as a federal prosecutor and who was recommended by U.S. Sen. Tom Cotton, R-Ark., and former Florida Gov. Jeb Bush, will bring “extensive business experience” to the court, DeSantis said.

“They (the Supreme Court justices) are all great judges, but I think John brings something additional, which will be very, very good going forward,” the governor said.

Couriel and Francis will replace former justices Barbara Lagoa and Robert Luck, who last year were appointed by DeSantis and later picked by President Donald Trump for positions on the 11th U.S. Circuit Court of Appeals.

Tuesday’s appointments were quickly lauded by a legal group that works closely with business and insurance interests.

William Large, president of the Florida Justice Reform Institute, applauded the governor’s effort to “reshape the Florida Supreme Court.”

“The governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st Justices continue his mission to restore the court to its proper role as the interpreter of our laws, not the author,” Large said in a prepared statement.

The appointments’ two-month delay raised some questions in the legal community.

The Florida Constitution says the governor was obligated to make the appointments 60 days after the Florida Supreme Court Judicial Nominating Commission certified a slate of nine nominees on Jan. 23.

But the governor missed the March 23 deadline because of the coronavirus pandemic, he said. And in late March, DeSantis said he would make the appointment by May 1, a deadline he also missed.

The decision to push back his Supreme Court picks past the initial March 23 deadline appeared to be the first time a governor used a state of emergency to delay the selection of justices, Florida Supreme Court spokesman Craig Waters said at the time.

“We were going through the vetting process in my office once we had the certified list, but the state of emergency with the coronavirus prompted us to delay the selections,” DeSantis said on Tuesday.

Adam Richardson, an appellate attorney in West Palm Beach, has repeatedly questioned the legality of DeSantis’ appointment delay.

“The governor handled the process poorly. He exceeded his constitutional authority when he delayed the appointments and never explained why he believed he could do that,” Richardson told The News Service of Florida on Tuesday.

Richardson has also raised questions about Francis’ appointment to the Supreme Court.

Francis is ineligible to sit on the Supreme Court until Sept. 24, when she will mark her 10th year as a Florida Bar member. The Constitution requires 10 years as a Bar member to serve on the state’s highest court.

Francis has been on maternity leave, and DeSantis cited that as the reason for her “ascension to the court in September.” He did not mention that September is also the month when she’ll be constitutionally qualified.

Richardson said he does not believe DeSantis is allowed to wait out her eligibility and noted that her appointment could be challenged if a citizen or taxpayer files a challenge directly to the Florida Supreme Court.

Helen Aguirre Ferre, a spokeswoman for the governor, did not respond to repeated requests for comment on the appointment process or Francis’ eligibility.

DeSantis has been able to reshape the court, in part, because Quince and former justices Barbara Pariente and R. Fred Lewis were forced to retire in January 2019 because of a mandatory retirement age. They had been part of a generally liberal majority that controlled the court.

Shortly after taking office in January 2019, DeSantis appointed Lagoa, Luck and Carlos Muniz to replace the retiring justices. Combined with remaining conservative justices Charles Canady, Ricky Polston and Alan Lawson, the three newcomers immediately created a conservative majority.

Even with the elevation of Lagoa and Luck to the 11th U.S. Circuit Court of Appeals, the court has retained a four-member conservative majority, with Justice Jorge Labarga dissenting on some high-profile issues. Labarga often joined with Pariente, Lewis and Quince in the past.

https://www.news4jax.com/news/florida/2020/05/26/gov-desantis-announces-two-florida-supreme-court-appointments/

Appointment of Francis, Couriel expands Florida high court’s diversity

May 27, 2020/in Florida Record

FLORIDA RECORD
Appointment of Francis, Couriel expands Florida high court’s diversity
By Michael Carroll | May 27, 2020

Judge Renatha Francis will take her seat on the Florida Supreme Court in September.

MIAMI – Gov. Ron DeSantis expanded cultural diversity on the Florida Supreme Court and highlighted the concept of judicial restraint Monday when he named Caribbean-American Renatha Francis and Cuban-American John Couriel to fill two judicial vacancies.

At a press conference, both Francis and Couriel signaled they share the governor’s view that judges should play a limited role within the state’s constitutional system of government. Judges should apply laws as they are written by the people’s duly elected representatives, Francis said in her remarks.

DeSantis selected Francis, a Palm Beach circuit judge, and Couriel, an attorney with Kobre & Kim LLP, from a list of nine finalists assembled by the Supreme Court Judicial Nominating Commission. The process to fill the two seats vacated by the elevation of justices Barbara Lagoa and Robert Luck to the 11th U.S. Circuit Court of Appeals got under way in December, but the selection was delayed two months due to the coronavirus pandemic.

“Judge Francis will be the first Caribbean-American to sit on the Florida Supreme Court, and she may be the first Caribbean-American to sit on any state supreme court,” DeSantis said.

John Couriel

The governor also honored the values of the state’s Cuban-American community during his comments about Couriel, a Harvard Law School graduate and an adjunct professor at Florida International University. Couriel is the son of a Cuban exile who escaped from Cuba when it was led by Fidel Castro.

“They understand the importance of having a society based on rule of law rather than on the whim of an individual dictator,” DeSantis said.

Francis, who will take office in September once she completes the required 10 years as a member of the Florida Bar, described her mom as a Jamaican small farmer who imparted grit, determination and hard work.

“I am truly the epitome of the American dream,” she said.

Couriel, who had the backing of former Gov. Jeb Bush, will bring extensive business experience to the high court.

“My prayer today is that your judgment will have been good,” Couriel told DeSantis during the press conference, “and that my judgment will not let you down.”

Reaction to the governor’s announcement was positive among a number of observers, including the Florida Justice Reform Institute, which fights against wasteful civil litigation in the state.

The institute “applauds Gov. DeSantis for his thoughtful and decisive leadership as he continues to reshape the Florida Supreme Court,” William Large, the institute’s president, said in a statement emailed to the Florida Record. “The governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st justices continue his mission to restore the court to its proper role as the interpreter of our laws, not the author.”

The Florida Chamber of Commerce also praised the appointments of Couriel and Francis.

“Today’s appointments are certainly welcome news as they continue Gov. DeSantis’ track record of selecting highly qualified legal minds that have proven capable of resisting the urge to legislate from the bench and limit their role to the interpretation of duly passed laws,” David Hart, the chamber’s executive vice president, said in an email.

https://flarecord.com/stories/537950478-appointment-of-francis-couriel-expands-florida-high-court-s-diversity

2 South Floridians Are Now Among the Most Powerful Judges in the State, Having Risen to Florida Supreme Court

May 27, 2020/in Law.com

2 South Floridians Are Now Among the Most Powerful Judges in the State, Having Risen to Florida Supreme Court

A South Florida judge and Miami litigator will soon be state Supreme Court Justices.
By Raychel Lean | May 26, 2020 at 02:27 PM

L-R Renatha Francis and John Couriel. Courtesy photos.

Florida Gov. Ron DeSantis appointed two new justices to the state Supreme Court on Tuesday, making commercial litigator John D. Couriel of Kobre & Kim in Miami and Palm Beach Circuit Judge Renatha Francis two of Florida’s most powerful jurists.

The pair will fill vacancies created when Judges Robert Luck and Barbara Lagoa rose to the U.S. Court of Appeals for the Eleventh Circuit.

Francis oversees the family and probate divisions and recently moved from the Miami-Dade Circuit to fill a vacancy following the death of Judge Meenu Sasser. Francis was an attorney at Shutts & Bowen before she rose to county court in 2017. She holds a bachelor’s degree from the University of The West Indies and a law degree from the Florida Coastal School of Law.

At a press conference Tuesday, Francis said she was honored and humbled by the appointment. The jurist was born in Jamaica and raised by a single mother who had no high school diploma.

“From very humble beginnings, standing before you all today, I am truly the epitome of the American dream,” Francis said.

Couriel represents companies in high-stakes cross-borders disputes and, as a Cuban American, uses his native fluency in Spanish to concentrate on Latin America. He’s also served as a federal prosecutor, focusing on cases involving wire fraud, money laundering, health care fraud and other conspiracies.

Couriel obtained his bachelor’s and law degrees from Harvard University, and in 2016 ran as a Republican candidate for the Florida House of Representatives but was defeated by Daisy Baez.

Having worked with Couriel at the U.S. Attorney’s Office for the Southern District of Florida, Wilfredo A. Ferrer of Holland & Knight described him as a devoted family man with an “extraordinary work ethic” and “first-class” analytical mind, who was regularly selected for some of the most complex investigations.

“You should hear him speak about his family. He just lights up,” Ferrer said. “He lends his unselfish support to anybody in need, and that sort of humanity and humility is very important for a judge.”

Ferrer called the appointment good news for Florida’s lawyers, the judiciary and litigants.

“With John, they’re going to get an honest, well thought-out, intellectual and fair process,” Ferrer said. “He’s got the heart and the grit that comes from being the son of immigrants who came to this country with very modest means, but with their hearts filled with hope.”

William Large, president of the Florida Justice Reform Institute, applauded the move, remarking in a press release: ”The governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st justices continue his mission to restore the court to its proper role as the interpreter of our laws, not the author.”

The Cuban American Bar Association also cheered the appointments, nothing that they epitomize its goals.

“Since 1974, the Cuban American Bar Association has worked to promote diversity in the judiciary and legal community,” a CABA press release said. “The appointment of John Couriel and the Honorable Renatha Francis will enhance and promote diversity on the bench.”

https://www.law.com/dailybusinessreview/2020/05/26/2-south-floridians-are-now-among-the-most-powerful-judges-in-the-state-having-risen-to-florida-supreme-court/

Conservatives Back Ron DeSantis Naming Two New Justices to Florida Supreme Court

May 27, 2020/in Florida Daily

Conservatives Back Ron DeSantis Naming Two New Justices to Florida Supreme Court

By KEVIN DERBY -05.27.20

This week, conservatives applauded Gov. Ron DeSantis naming two new justices to the Florida Supreme Court

On Tuesday, DeSantis announced that South Florida Judge Renatha Francis will take the seat held by former Justice Robert Luck who was named to the U.S. Court of Appeals for the Eleventh Circuit by President Donald Trump. Francis will start her new duties in September due to state law requiring justices be members of the Florida Bar for at least ten years.

“Judge Francis’ story demonstrates that anyone who comes to the United States has an opportunity to make the most of their God-given talents,” said DeSantis. “Before immigrating to Florida, she ran two businesses and served as the primary caregiver for a younger sibling in Jamaica. After completing her law degree, she advanced to serve on the Miami-Dade County and then the 15th circuit court. Starting in September, she will serve as the first Jamaican-American to sit on the Florida Supreme Court and I know she will serve our state well.”

“I’m incredibly honored and humbled by this appointment and in the confidence that Governor DeSantis has shown by giving me this tremendous opportunity to serve the people of the great state of Florida,” said Francis. “As a student of history growing up, I was and remain in awe of the United States Constitution, its freedoms and its respect for the rule of law. I look forward to applying the law as written by the people’s duly-elected representatives as I serve at the highest level of our state judiciary.”

Currently a judge for the 15th Circuit Court, where she has been since 2019, Francis also served as a judge for the Miami-Dade County Court

DeSantis also named John Couriel to the Florida Supreme Court to replace former Justice Barbara Lagoa who was also named to the federal bench by Trump.

“John Couriel’s life experience has taught him the value of freedom and democratic principles,” said DeSantis. “John has had a very successful career in the private sector and his willingness to serve and lend his intellect and abilities to our state is admirable. He believes in the rule of law and understands the proper role of the courts. I look forward to his accomplishments as a Justice on the Florida Supreme Court.”

“I’m grateful for the trust that Governor DeSantis has placed in me by inviting me to serve on the highest court of our state,” said Couriel. “Alexander Hamilton said, ‘courts have neither force nor will, but merely judgment,’ and I intend to exercise that judgment to the best of my ability. I am grateful to the people of the state of Florida who welcomed my parents to America from Cuba 60 years ago, when they and their parents sought justice, a better life and most of all freedom. Once again, I’m thankful to the governor for this opportunity to serve Florida and its citizens.”

Now with Kobre & Kim, Couriel also worked as an assistant U.S. attorney for the Southern District of Florida and with Davis Polk & Wardwell. Couriel ran in two legislative races. In 2012, he was the Republican nominee challenging longtime state Sen. Gwen Margolis but was routed by her, taking 38 percent of the vote while she pulled 62 percent. In 2016, Couriel came closer but lost a state House race to Democrat Daisy Baez who won 51 percent to 49 percent, beating him out by less than 1,500 votes.

William Large, the president of the Florida Justice Reform Institute and one of the leaders in the fight for legal reform in the Sunshine State, praised the governor’s picks.

“The Florida Justice Reform Institute applauds Governor DeSantis for his thoughtful and decisive leadership as he continues to reshape the Florida Supreme Court,” Large said on Tuesday. “The governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st justices continue his mission to restore the court to it proper role as the interpreter of our laws, not the author.”

John Stemberger, the president of the Florida Family Policy Council and one of the leading social conservatives in the state, also weighed in on the new justices.

“Judge Renatha Francis is a woman with an extraordinary life story, solid character and deep faith,” Stemberger said. “She has a personal depth and a grace in that will serve her well. I know her personally and she is also clear on the limited and restrained role of the court and is a ‘textualist’ in the tradition of Clarence Thomas in her judicial philosophy. As the first Jamaican / Caribbean American justice on the Florida Supreme Court, Francis is an experienced and brilliant choice for Florida’s future. She is highly qualified with the unique perspectives of having served as a County Court judge, a Circuit Court judge, and ten years as a judicial law clerk for the First District Court of Appeals in Tallahassee. As a wife, mother and former business owner Judge Francis will bring valuable real-life experiences with her to the court.

“Attorney John Couriel is a highly respected lawyer with stellar credentials and a conservative judicial philosophy. Born in Miami, Florida, Couriel graduated from Harvard Magna Cum Laude and received his J.D. from Harvard Law School. He has served as a law clerk to the Hon. John D. Bates of the U.S. District Court, D.D.C. He also served as an Assistant U.S. Attorney in the Southern District of Florida for five years. Couriel is a member of the Federalist Society and speaks both English and Spanish fluently. Couriel is giving up an extremely lucrative salary to serve on our state’s highest court. When I served as a member of the Judicial Nominating Commission for eight years, we were always impressed when we found candidates who were not pursuing judicial positions motivated by an increase in salary. This is not the first time a practicing lawyer who has never served as a judge to be promoted directly to the Florida high court. Several past Florida justices have served coming directly from private practice,” Stemberger said.

https://www.floridadaily.com/conservatives-back-ron-desantis-naming-two-new-justices-to-florida-supreme-court/

Praise rolls in for Gov. Ron DeSantis’ Supreme Court picks

May 26, 2020/in Florida Politics

Praise rolls in for Gov. Ron DeSantis’ Supreme Court picks

The son of Cuban immigrants and the first Caribbean American will join Florida’s Supreme Court.

By Jason Delgado on May 26, 2020

Reactions to Gov. Ron DeSantis’ two new picks for the Florida Supreme Court are pouring in from across the state.

On Tuesday, DeSantis announced the appointment of Judge Renatha Francis and South Florida lawyer John Couriel to the Supreme Court. The two were tapped from a pool of nine nominees.

Among the many who welcomed the appointments was John Stemberger, president of the Florida Family Policy Council.

“Judge Renatha Francis is a woman with an extraordinary life story, solid character and deep faith,” Stemberger said in a statement. “I know her personally and she is also clear on the limited and restrained role of the court and is a ‘textualist’ in the tradition of Clarence Thomas in her judicial philosophy. As the first Jamaican/Caribbean American Justice on the Florida Supreme Court, Francis is an experienced and brilliant choice for Florida’s future.”

Stemberger also lauded Couriel’s credentials.

Courie, a Harvard graduate and son of Cuban immigrants, will give up a lucrative partnership at the Kobre & Kim law firm for the role.

“Attorney John Couriel is a highly respected lawyer with stellar credentials and a conservative judicial philosophy,” Stemberger said. “When I served as a member of the Judicial Nominating Commission for eight years, we were always impressed when we found candidates who were not pursuing judicial positions motivated by an increase in salary.

The Florida Justice Reform Institute also praised the appointments. Led by President William Large, the institute is a lobbying group working on behalf of small businesses.

“The Florida Justice Reform Institute applauds Governor Ron DeSantis for this thoughtful and decisive leadership as he continues to reshape the Florida Supreme Court,” Large said in a statement. “The Governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st Justices continue his mission to restore the court to its proper role as the interpreter of our laws, not the author.”

Several lawmakers and state leaders also took to Twitter to applaud the appointment.

House Speaker-Designate Chris Sprowls of Clearwater congratulated the pair and said he looks forward to their addition on the high court.

“Congratulations to John Couriel and Renatha Francis on their appointment to the Florida Supreme Court,” Sprowls said. “I look forward to watching these justices continue the current Court’s respect for our constitution, rule of law and separation of powers.”

Jesse Panuccio, a former U.S. acting associate attorney general and former labor secretary of Florida, described the appointments as “historic.”

“Tremendous and historic appointments today to the Florida Supreme Court! Justices Francis and Couriel will serve honorably and well.”

Rep. James Grant of Hillsborough called the Francis’ nomination worthy of celebration.

“Only in America can an immigrant end up on the state’s high court. Celebrate it. And never forget it,” tweeted Grant, a Republican

Francis and Couriel’s appointments will settle the vacancies created by the departure of Justices Barbara Lagoa and Robert Luck to the 11th U.S. Circuit Court of Appeals late last year.

Francis, who is on maternity leave, will not be constitutionally qualified to take the bench until September when she will have officially served as a bar member for 10 years.

That raised questions among Adam Richardson, an appellate lawyer in West Palm Beach who has repeatedly doubted the legality of DeSantis’ appointment delay. He told The News Service of Florida he does not think the Governor is allowed to wait out Francis’ eligibility and noted that her appointment could be challenged if a citizen or taxpayer files a challenge directly to the Florida Supreme Court.

https://floridapolitics.com/archives/335607-praise-rolls-in-for-gov-ron-desantis-supreme-court-picks

DESANTIS TAPS COURIEL, FRANCIS FOR SUPREME COURT

May 26, 2020/in News Service of Florida

Desantis Taps Couriel, Francis For Supreme Court

May 26, 2020 – Ana Ceballos

TALLAHASSEE — Gov. Ron DeSantis on Tuesday appointed John Couriel and Renatha Francis to the Florida Supreme Court, choosing two justices expected to cement the court’s conservative majority for years to come.