After delay, Gov. DeSantis begins process to appoint judge to succeed the late Kevin Carroll

After a more than three-month delay, Gov. Ron DeSantis has finally begun the process to appoint someone to succeed the late Circuit Judge Kevin Carroll.

On Tuesday, the 2nd Circuit Judicial Nominating Commission announced it had been asked by DeSantis to provide him with “highly qualified nominees” for the vacancy no later than Sunday, Aug. 20.

The deadline set by DeSantis is notable because the timing of when Carroll’s seat next comes up for election hinges on whether the governor makes the appointment before or after Aug. 20.

Under the state constitution, if DeSantis appoints someone before Aug. 20, the seat would appear on 2024 ballots and the governor’s appointee would serve until early January 2025.

If DeSantis waits until after Aug. 20 — as some observers expect given the protracted process so far — the seat wouldn’t appear on ballots until 2026, with his appointee serving until early 2027.

Carroll, who served more than a dozen years on the circuit bench, died March 15, creating a vacancy that is customarily filled within 120 days.

Florida’s constitution says that once a vacancy occurs, the Judicial Nominating Commission has 30 days to submit three to six names to the governor, though it can ask for 30 more days if it needs more time. After that, the governor has another 60 days to make the appointment.

Tallahassee attorney William Spicola, who chairs the 2nd Circuit JNC, said the body would do “everything that we can” to avoid asking for a 30-day extension.

“But as far as when they’re going to make the appointment after that, I’m not sure,” he said. “This is all going to be compressed.”

The two-month deadline on the JNC passed in mid-May with no action by the governor, who is seeking the GOP nomination for president but lagging in the polls to former President Donald Trump.

Had deadlines in the constitution been followed, an appointment would have happened in theory earlier this month — triggering an election next year. However, the constitution doesn't actually impose a deadline on the governor, something some experts see as a gaping loophole.

The 2nd Circuit is among the most consequential judicial circuits in Florida, with judges presiding over legal disputes involving state agencies and the governor himself, from redistricting plans to mask mandates.

More: Three months after Judge Kevin Carroll's death, DeSantis has not moved on appointment

The announcement that the JNC will be convening was posted earlier this week on the Governor’s Office’s website. The deadline to apply is 10 a.m. Monday, July 31. The JNC will meet later that day to review the list of applicants and assign the vetting of candidates. Interviews are scheduled for Aug. 7, Aug. 8 and Aug. 15.

Spicola said the JNC’s time frame, including the application deadline, was appropriate given how well-known the vacancy is in the legal community.

“Anybody that was interested in applying shouldn’t have been caught by surprise that an application would eventually be due,” he said.

Also serving on the 2nd Circuit JNC are David Axelman, vice chair, Matthew Carson, Natalie Christmas, Robert Neil Clarke Jr., Carly Hermanson, Brian Newman, Kristina Osterhaus and Ray Treadwell. DeSantis appointed Herman and Treadwell just last week.

Contact Jeff Burlew at jburlew@tallahassee.com and follow @JeffBurlew on Twitter.

This article originally appeared on Tallahassee Democrat: After delay, Gov. DeSantis begins process to appoint judge to succeed the late Kevin Carroll