Florida Judge Elections: Nonpartisan Races, Merit Retention, and Vacancies

Judges in Florida reach the bench two different ways depending on the court. Trial judges on the Circuit and County Courts are chosen in non-partisan elections, while Supreme Court justices and District Court of Appeal judges are appointed by the governor and then face periodic yes-or-no retention votes. Every judge, however they get there, serves a six-year term.¹

Non-Partisan Elections for Trial Court Judges

Circuit Court and County Court judges run in contested elections, but Florida law bars them from running as Democrats, Republicans, or anything else. No party label appears next to a judicial candidate’s name on any ballot, and candidates cannot qualify or campaign based on party affiliation.²

When two or more candidates qualify for the same seat, their names appear on the primary election ballot. If one candidate takes a majority of the votes cast for that office in the primary, that candidate wins outright and does not appear on the general election ballot, unless a write-in candidate also qualified. If no one clears a majority, the top two vote-getters move on to the general election, where a plurality wins. Ties at the general election are broken by lot.³

If only one candidate qualifies for a seat and no write-in opponent files, that candidate’s name never appears on any ballot. The person is simply deemed elected.³

Merit Retention Votes for Appellate Judges

Supreme Court justices and District Court of Appeal judges do not run against opponents. After an initial gubernatorial appointment, each one appears on the general election ballot just before their six-year term expires, with a single question: “Shall Justice (or Judge) [name] of the [court name] be retained in office?”¹

A yes from a majority of voters in the court’s territorial jurisdiction keeps the judge for another six years. A majority no leaves the seat vacant at the end of the current term, and the governor appoints a replacement through the process below. Florida voters adopted this merit retention system in the mid-1970s through a constitutional amendment, and it covers every appellate judge in the state.⁴

Appellate judges never face a challenger on the ballot. They campaign on their own record, and voters decide whether that record is enough to keep them.

How Mid-Term Vacancies Are Filled

When a seat opens between elections, whether on an appellate court or a trial court, the governor fills it by appointment through a structured nomination process. The Florida Constitution establishes a separate Judicial Nominating Commission for the Supreme Court, each District Court of Appeal, and each judicial circuit covering the trial courts within it.¹

Once a vacancy occurs, the relevant JNC has 30 days to review applications, interview candidates, and submit a shortlist of three to six qualified nominees to the governor. The governor can extend that deadline by another 30 days and then has 60 days to pick one person from the certified list.¹

What happens next depends on the court. An appointed appellate judge serves until January following the next general election at least one year after the appointment, then faces a merit retention vote. An appointed circuit or county judge serves under the same one-year rule but then has to win a regular non-partisan election to stay on.¹

Each JNC has nine members, all appointed by the governor. Four must be Florida Bar members in active practice, chosen from lists of three nominees the Bar’s Board of Governors recommends for each seat. The governor can reject a slate and request fresh names but must ultimately pick from the Bar’s recommendations. Of the remaining five, at least two must also be practicing Bar members. All nine have to live within the court’s geographic jurisdiction, and each serves a four-year term.⁵ Commission deliberations are private, but the applications, interviews, proceedings, and records are open to the public.¹

Who Can Run or Be Appointed

Every Florida judge has to be a registered voter in the state and live within the geographic area served by the court. On top of that, higher courts demand more time at the bar.¹

Supreme Court justices and DCA judges must have been Florida Bar members for at least ten years immediately before taking office.
Circuit Court judges must have been Florida Bar members for at least five years.
County Court judges must have been Florida Bar members for at least five years, except in counties with a population of 40,000 or less, where current Bar membership alone is enough.⁶

The same requirements apply whether a person is running for election or submitting their name to a JNC.¹

Campaign Rules Candidates Have to Follow

Judicial candidates in Florida operate under tighter ethical rules than candidates for other offices. The Florida Code of Judicial Conduct flatly prohibits a candidate from personally soliciting campaign money. Fundraising has to run through a separate campaign committee, and the same rule bars candidates from personally asking attorneys for public endorsements.⁷

Beyond fundraising, candidates face two more big restrictions:

No partisan activity. Candidates cannot campaign under a party label, attend party functions as a candidate, or accept political party endorsements.²
No promises on future rulings. A candidate must maintain conduct consistent with judicial impartiality and independence, which means no pledges about how they would decide specific cases or legal issues.⁷

What It Costs to Qualify

Candidates have a narrow qualifying window set by statute, and getting on the ballot comes with a fee. The qualifying fee equals 4 percent of the office’s annual salary: 3 percent as a filing fee and 1 percent as an election assessment. The salary figure used is 12 times the monthly salary authorized for the office as of the July 1 before qualifying opens.⁸ Candidates who do not want to pay the fee may instead qualify by collecting voter petition signatures, which carries its own requirements and deadlines.

Mandatory Retirement at 75

However a judge got the job, Florida sets a hard stop. No justice or judge may stay on the bench after turning 75, except on temporary assignment as a senior judge. The age cap is written into the Florida Constitution and applies at every level of the court system.¹

1
Florida Senate. The Florida Constitution
2
Florida Senate. Florida Code Chapter 105 – Nonpartisan Elections
3
The Florida Legislature. Florida Statutes 105.051 – Determination of Election or Retention to Office
4
Florida Supreme Court. Merit Selection, Retention and Mandatory Retirement of Justices
5
The Florida Legislature. Florida Statutes 43.291 – Judicial Nominating Commissions
6
Florida Senate. Florida Code 34.021 – Qualifications of County Court Judges
7
Florida Supreme Court. Code of Judicial Conduct Canon 7
8
The Florida Legislature. Florida Statutes 105.031 – Qualification, Filing Fee, Candidates Oath