(Jamaica Gleaner) Jamaica-born Palm Beach judge Renatha Francis has withdrawn her nomination to become a member of the Florida Supreme Court after the court, in a unanimous decision on Friday, ruled that she was not constitutionally qualified to be appointed.
Following the court’s ruling, Francis advised Florida Governor Ron DeSantis that she was withdrawing her nomination.
“In light of the circumstances, I have decided to withdraw my name for consideration for the position. I thank you for your support and for standing by me throughout this process, for which I am incredibly humble,” she wrote in a letter to DeSantis.
Francis, whose nomination was announced in May by the governor to fill one of two vacant positions in the Supreme Court, currently sits in the Palm Beach Court.
She would have been the first Caribbean national appointed to the state’s highest court.
Francis migrated from Jamaica to the United States as an adult and worked her way through law school while raising a younger sibling, a fact cited by the governor when he announced her appointment.
In its ruling, the Supreme Court said that the constitution requires that for someone to be appointed to the court, that person must have been a member of the Florida Bar for a minimum of 10 years, a criterion Francis does not meet as her 10-year membership becomes effective on September 24 this year.
DeSantis recognised this fact at the time of the announcement, but said that since her appointment would not take effect until later this month, she would have met the constitutional requirement when she takes up her post.
However, the court ruled that the governor overstepped his authority with the appointment.
“The governor has not complied with the constitution’s clear commands,” the high court ruling states.
Francis was the only black candidate on the slate of nine names picked by the Judicial Nominating Commission, a panel selected by the governor.
The court ruled that the governor must select a replacement from the original list of candidates by Monday.
