Florida Supreme Court Justice James E.C. Perry notified Gov. Rick Scott on Monday that he will retire from the Florida Supreme Court on Dec. 30, 2016, as required by law, formally setting in motion the opportunity for the governor to make a coveted pick to the state's highest court.
Perry, who was appointed to the bench in March 2009 by former Gov. Charlie Crist, must retire because of a state law requiring justices to retire on their 70th birthday or the end of their six-year term if they are half-way through the term. Perry turned 70 in January 2015 but his term ends Jan. 3, 2017.
Scott will choose from a list of three to six candidates from the region that encompasses the Fifth District Court of Appeal in Central Florida. Under Florida's judicial appointment system, the governor appoints new justices from a list of three to six names submitted to him by the Supreme Court Judicial Nominating Commission, a nine-member panel controlled by the governor’s appointees. Last week, Scott reappointed three members of the commission, including his former general counsel, Jess Panuccio.
The likely candidates are expected to be Daniel J. Gerber, of the Orlando office of the law firm Rumberger, Kirk and Caldwell, Fifth DCA Judges Alan Lawson and Wendy Berger. Gerber also applied when Perry was nominated and Berger was named to the trial court bench by Scott.
Perry’s retirement is the first opportunity Scott will have to name a justice to the moderate court that has vexed Republicans during his term on issues ranging from redistricting, abortion and workers compensation to declaring that the Republican-controlled Florida House violated state law when it adjourned early in protest over a budget dispute over the Affordable Care Act.