Legal Opinion · Dissent

David P. Trotti v. Rick Scott, Governor

Supreme Court of Florida

Decided November 26, 2018No. SC18-1217Published

1DissentLewis, J.

Travesty, n, (1674): "a debased, distorted, or grossly inferior imitation < a ~ of justice>." Merriam-Webster's Collegiate Dictionary 1257 (10th ed. 1999). This accurately describes the circumstances in this case, which allow judges to make a mockery of our Florida Constitution with impunity. The issue is whether a judge can prospectively resign during an election year to manufacture a vacancy that will be filled by gubernatorial appointment instead of a regularly scheduled election. Rather than addressing this direct affront to our constitutional system of checks and balances, the Court…

2Cases cited8 opinions

  1. Boardman v. EstevaSupreme Court of Florida · 1975
  2. Spector v. GlissonSupreme Court of Florida · 1974
  3. In Re Advisory Opinion to the GovernorSupreme Court of Florida · 1992
  4. Smith v. BrantleySupreme Court of Florida · 1981
  5. Advisory Opinion to the Governor re Sheriff & Judicial Vacancies Due to ResignationsSupreme Court of Florida · 2006

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