Justice System: Florida
The Florida court system includes County Courts, Circuit Courts, District Courts of Appeal, and the Supreme Court.
Overview of FL Court System
• County Courts
• Circuit Courts
• District Courts of Appeal
• Supreme Court
Overview of Attorney General
Bill McCollum, Attorney General (Republican)
- Elected in 2006
- Up for reelection in 2010
Contingency Fees and the Attorney General
Florida law does not explicitly restrict the state attorney general’s use of contingent fee agreements to retain outside counsel. However, even though Florida courts have not directly addressed the issue, case law suggests that legislative approval is required for the attorney general to enter into contingent fee agreements. During the tobacco litigation in the late 1990s, the state hired outside counsel on a contingency fee basis, a step that was expressly authorized by the legislature. When the validity of that agreement was later challenged, the Florida Supreme Court ruled that the state funds derived from the tobacco settlement had to be disbursed directly to the state before attorneys’ fees were deducted, because the contract explicitly stated that the lawyers’ right to their fees “ripen[ed] upon the payments being made pursuant to the settlement.” The court reasoned that pursuant to the terms of the contingency fee agreement, the trial court could not disburse the attorneys’ fees. The fees, therefore, were subject to the legislative appropriations process.
(Taken from Bounty Hunters On The Prowl: The Troubling Alliance Of State
Attorneys General and Plaintiffs’ Lawyers; by John Beisner, Jessica Davidson Miller, and Terrell McSweeny; May 26, 2005)
Supreme Court Justice System
The highest Court in Florida is the Supreme Court, which is composed of seven Justices. At least five Justices must participate in every case and at least four must agree for a decision to be reached. The Court's official headquarters is the Supreme Court Building in Tallahassee.
Current Judges
Chief Justice Peggy A. Quince
• Appointed to the Supreme Court in 1997 by Gov. Lawton Chiles (D)
• Began term as Chief Justice in 2008
Justice Barbara J. Pariente
• Appointed to the Supreme Court in 1997 by Gov. Lawton Chiles (D)
Justice R. Fred Lewis
• Appointed to the Supreme Court in 1998 by Gov. Lawton Chiles (D)
• Served as Chief Justice from 2006 – 2008
Justice Ricky Polston
• Appointed to the Supreme Court in 2008 by Gov. Charlie Crist (R)
Justice Charles T. Canady
• Appointed to the Supreme Court in 2002 by Gov. Charlie Crist (R)
Justice Jorge Labarga
• Appointed to the Supreme Court in 2009 by Gov. Charlie Crist (R)
Justice James E.C. Perry
• Appointed to the Supreme Court in 2009 by Gov. Charlie Crist (R)
Appointment of Judges
Merit retention is a system of selecting Justices established by the voters when they amended the Florida Constitution in the 1970s. Under merit retention, the Governor appoints new Justices from a list of three to six names submitted by a Judicial Nominating Commission. The Governor must select from the list. Once appointed, Justices eventually must face the voters in a "yes" or "no" vote as to whether they should remain in office.
New Justices face their first merit retention vote in the next general election that occurs more than one year after their appointment. If not retained in office, the Justice will be replaced in the same manner appointed. Justices' merit retention races are conducted on a statewide basis.
If retained, the Justice serves a six-year term beginning in early January following the merit retention election. The Justices then will again face an up or down vote in the general election occurring just before the six-year term expires. If not retained in office, the Justice will be replaced through the Judicial Nominating Commission system. (Merit Retention)
