Boan v. Florida Fifth District Court of Appeal Judicial Nominating Commission; Thompson v. Florida Sixth District Court of Appeal Judicial Nominating Commission
Two petitioners sought writs of quo warranto invalidating judicial nominating commission nominations of candidates who did not reside in the courts' territorial jurisdictions at the time of nomination. The Florida Supreme Court held that the article V, section 8 residency requirement attaches at the time of gubernatorial appointment, not nomination, and that alleged noncompliance with the commissions' own uniform rules of procedure is not a proper subject of quo warranto. The petitions were denied.
Key facts
- Petitioners Boan and Thompson sought writs of quo warranto to invalidate judicial nominating commission nominations of candidates who were not residents of the courts' territorial jurisdictions at the time of nomination.
- The petitioners challenged whether the nominating commissions exceeded their constitutional authority by nominating nonresidents and by allegedly violating their own uniform rules of procedure.
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Why it matters
The opinion draws a meaningful line around Florida's quo warranto writ: it reaches claims that official action exceeded constitutional or statutory limits, but not claims that an agency merely violated its own… — full analysis with a trial
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