Florida Gov. Rick Scott didnt take any action Monday on an allegation that the three state Supreme Court justices up for merit retention violated state law by allegedly using a court employee to prepare campaign documents.
But he also isnt waiting to make up his own mind about the legality of what they did.
Asked to discuss a lawsuit filed Monday that seeks to remove the three justices from the ballot for the alleged violation, Scott didnt use the word "alleged."
They should comply with the law, Scott said during a media conference at the Division of Emergency Management. Its the Supreme Court. Youd think they would comply with the law.
A Florida Department of Law Enforcement investigation in the case remains active, a spokesman said Monday.
And earlier Monday, the conservative Southeastern Legal Foundation filed a lawsuit in Leon County Court on behalf of two Florida residents -- Bernard Long and Veronico L. Ron Flores -- that seeks to prohibit Secretary of State Ken Detzner from placing the three justices -- Barbara Pariente, Peggy Quincy and R. Fred Lewis -- on the November ballot.
The Atlanta-based foundation claims the justices violated state law by using court employees to prepare the campaign document needed to qualify for the merit retention election on the November ballot.
As has been the case with other candidates for high office in Florida and elsewhere, the laws and rules that govern elections and public disclosures are designed to provide public accountability and sometimes result in disqualification from the ballot, Shannon L. Goessling, executive director and chief legal counsel of Southeastern Legal Foundation, stated in a release.
For those in the legal profession in public office, particularly judges, there is an additional, heightened duty to follow the rules to the fullest extent because we ask judges to determine what the law is.
At issue according to the foundation:
The failure of the three justices to follow the intent and letter of Florida election law in preparing and filing the necessary certifications and sworn qualifying oaths in violation of state law and the Code of Judicial Conduct, including the use of state employees to prepare and submit the documents in violation of state law.
The sworn certification for the three justices that they have active opposition for merit retention election, enabling them to raise campaign contributions under Florida law, despite the fact that no entity or individual has registered with the Florida Division of Elections to actively oppose the justices, as required by Florida law.
The submission of false and incomplete disclosure information by Justice Lewis (net worth and value of certain assets in Financial Disclosure Form 6) and Justice Quince (report of value of gifts received and wrong Voter ID number on the Judicial Loyalty Oath).
More than $450,000 was raised for the justices in the first three months of the year for the retention effort as they have been viewed as judicial activists, highlighted by voting to block a measure that would have allowed Floridians to block the Affordable Health Care for America Act, better known as Obamacare, two years ago.The anti-retention effort is being headed by the Orlando-based Restore Justice 2012, an outgrowth of efforts of local tea party activist Jesse Phillips.
In April, Scott forwarded a letter from Rep. Scott Plakon, R-Longwood, requesting an investigation of the justices action to the Florida Department of Law Enforcement.
Plakon sent the letter, spurred by media reports that the court took a rare, hour-long break in a hearing on Senate redistricting after being alerted they have failed to file financial disclosure forms and qualifying papers.
Reach Jim Turner at jturner@sunshinestatenews.com or at (850) 215-9889.
