Three months after Judge Kevin Carroll's death, DeSantis has not moved on appointment

More than three months after the death of Circuit Judge Kevin Carroll, Gov. Ron DeSantis has taken no visible steps to begin the process to appoint a successor.

Carroll, who served on the bench for more than 12 years, suffered a fatal heart attack March 15, creating a vacancy in his 2nd Judicial Circuit post.

When such court vacancies occur, the governor’s office convenes a judicial nominating commission to recommend names for possible appointment, typically without delay. And while that has happened with other judicial vacancies over the past few months, it has not in Carroll’s case.

News obituary: 'A legal giant': North Florida circuit Judge Kevin Carroll dies

Under the Florida Constitution, after a vacancy occurs, the judicial nominating commission has 30 days to give the governor a list of three to six names, though he can extend that another 30 days. After the JNC makes its recommendations, the governor must appoint within 60 days.

The first two 30-day deadlines came and went in April and May without action by DeSantis, who is running for president and barnstorming early primary states. The countdown to the governor’s 60-day deadline to appoint apparently won’t begin until after the JNC makes its recommendation at some future point.

The slow-walking of the appointment has not gone unnoticed by local attorneys or the court, which has had to reassign Carroll’s caseload to other judges. Carroll, who presided over felony cases, including high-profile murders, was one of 16 judges in the circuit and 11 serving in Leon County.

It comes at the same time that circuit courts across Florida are grappling with a massive influx of lawsuits filed just before new “tort reform” legislation went in place making it harder to file civil complaints. Days before DeSantis signed the GOP-backed bill in March, civil filings skyrocketed more than 700% across Florida.

The Governor’s Office did not respond to emails asking about the vacancy and when the appointment process will begin.

Nothing to start the clock a 'real weakness' in constitution

The state constitution says the governor “shall fill” vacancies on the circuit court. However, it does not explicitly direct the governor to convene the nominating commission at a certain time or include a mechanism that starts the clock.

Robert Jarvis, professor of law at Nova Southeastern University, called that a “real weakness” in the constitution that creates a legal gray area for judicial appointments.

“If we had a governor who respected the constitutional process and if we had JNCs that were not mere rubber stamps of the governor, this would not be happening,” Jarvis said. “It would be obvious when we have a vacancy. But there is this gap.”

Tallahassee attorney William Spicola, incoming chair of the JNC for the 2nd Circuit, said the Governor’s Office controls the activation of nominating commissions and that deadlines in the constitution kick in once that starts.

“We’re just waiting for direction from the Governor’s Office to be activated,” Spicola said. “My understanding is we’re not behind.”

Beyond the practical implications, the lingering vacancy could have electoral ramifications — if the governor doesn’t fill the vacancy by late next month, his eventual pick for the position would in theory serve two more years in office before facing the voters in an election.

The constitution says the appointed judge’s term runs until the first Tuesday after the first Monday in January of the year following the next primary and general election that occurs at least one year after the appointment.

Translated, that means if the appointment happens before Aug. 20, which is a year before the next primary, his appointee would serve until early 2025. If the governor waits until after Aug. 20, his appointee would serve until early 2027.

The open seat has not appeared on the Governor’s Office web page that lists county and circuit judicial vacancies. The web page, which wasn’t working Thursday, recently listed seven other judicial vacancies across Florida. All of them involve resignations or retirements that either happened or were announced after Carroll’s death.

Carroll, who died at the age of 67, was first appointed to the bench in 2011 by then-Gov. Rick Scott. He won election in 2014 and re-election in 2020, both times without opposition. If an election for the seat is held in 2024, the winner would serve out the remaining two years of his term.

Contact Jeff Burlew at jburlew@tallahassee.com and follow @JeffBurlew on Twitter.

This article originally appeared on Tallahassee Democrat: Months after Judge Kevin Carroll's death, no appointment from DeSantis