Judge reconsiders retiring now that disgraced judge Scott DuPont to run for his seat
Circuit Judge Randell Rowe III said that he had decided he was going to retire when he finished his current term at the end of 2026. He said he was planning to wait another year or longer to make the announcement. But that has changed.
Rowe said in an interview this week that he is reconsidering retirement now that former judge Scott DuPont has filed paperwork to run for his seat in 2026.
And Rowe likes his chances if he decides to stay in office.
“If he decides to run against me, I’ll beat him like a rented mule," Rowe said of DuPont. "He’s got so much baggage.”
The baggage: The Florida Supreme Court in a unanimous vote in 2018 removed DuPont, stating in an opinion that he was presently unfit to serve on the bench. The Supreme Court cited egregious misconduct by DuPont during his campaign in 2016 as well as misconduct while in office.
After DuPont was off the bench, the Supreme Court approved a Florida Bar recommendation that DuPont be suspended for 91 days due to some of the same issues that got him booted from the bench. DuPont would have automatically been reinstated had the suspension been for 90 days or less. But that extra day meant DuPont had to apply for reinstatement.
After DuPont filed to run against Circuit Judge Rose Marie Preddy earlier this year, she sued him. Preddy’s attorneys, Barry Richard and Daniel Nordby, argued that DuPont was not reinstated until June 30, 2020, meaning he was not a member of the Florida Bar and could not practice law for eight months.
Anyone seeking to serve as a circuit judge must have been a member of the Florida Bar for the five preeceeding years to qualify for the seat, Richard and Nordby argued. Leon County Circuit Judge J. Lee Marsh agreed, ruled for Preddy and booted DuPont from the race.
DuPont’s attorney, Anthony Sabatini, appealed. Then DuPont withdrew the appeal on June 24, meaning Preddy will remain a judge. Preddy was appointed last year by Gov. Ron DeSantis.
DuPont plans to run against Rowe
DuPont, though, has already filed to run against Rowe, who is the most senior judge in the 7th Circuit, which covers Volusia, Flagler, St. Johns and Putnam counties. Rowe currently oversees a civil docket in DeLand.
Rowe said this week that DuPont must have heard he was planning to retire so he filed for his seat. Rowe said he was surprised.
“I would have appreciated if he would have given me the professional courtesy of calling me,” Rowe said.
Rowe said he started getting calls and text messages as soon as word spread about DuPont’s ambitions for his seat.
Supporters are aleady offering to donate to Rowe’s reelection campaign. A “respected law firm” has offered to hold a campaign event for him. Fellow judges have asked him to reconsider retiring.
“It’s made me think,” said Rowe, adding he is reconsidering retirement. “So many people have expressed support for me and have asked me to run to keep him from taking my seat.”
Rowe said that if he doesn't retire, then DuPont might simply switch to another race, like one of the new circuit judges who have been or will be appointed this year.
Circuit judges earn $191,163 per year and serve six year terms.
Retired judge James Clayton supports Rowe
Former Circuit Judge James Clayton was the most senior judge in the circuit until he retired in April.
When DuPont said he was going to run against Preddy, Clayton said he called DuPont to tell him he was not qualified to run. But he said DuPont ignored him.
“So if he’s not smart enough to figure that out, he’s not smart enough to be a judge,” Clayton said.
Clayton said Rowe keeps "a low profile" but all the county and circuit judges and attorneys like him.
"Everybody loves Randy Rowe," Clayton said in a phone interivew. "And he does a great job. He's polite, he's courteous. He's respectful. He's kind. He's knowledgeable in the law."
As soon as news broke that DuPont had filed to run for Rowe's seat, Clayton said his phone started ringing.
"I've been getting call after call after call: 'What can we do to make sure Scott DuPont does not become a circuit judge?''Clayton said.
He said he told callers that they needed to talk Rowe into running again and if he didn’t, they needed to find someone else to compete against DuPont.
“If push comes to shove I’ll run again,” said Clayton, adding he was not kidding.
DuPont did not respond to attempts to contact him for this story.
Florida Supreme Court removes DuPont
The 2018 Supreme Court opinion removing DuPont from office cited his transgressions. Among those: DuPont’s campaign website listed possible arrest records for his opponent's family members when in fact they had not been arrested at all. DuPont’s website also suggested that his opponent had been arrested for parking in a handicapped zone, when he had neither parked in a handicapped zone or been arrested. DuPont said his opponent had been ticketed for passing a school bus while it was loading children, but that never happened. DuPont's website also wrongfully suggested that his opponent had something to hide in his past.
DuPont admitted to "carelessness" and "mistakes" but denied knowlingly giving out false information.
DuPont was also taken to task by the Supreme Court for stating that he would not declare a law unconstitutional even though as a judge it was his duty to defend the constitution.
DuPont also held first-appearance in Flagler County on Memorial Day weekend in 2016 without the presence of any attorneys, ignoring requirements of criminal procedure.
DuPont also ordered a bailiff in 2011 to search a husband during a court hearing over child support. The bailiff found $180 on the husband which was turned over to the wife. The Supreme Court opinion stated it had previously condemned such “unlawful, judicially ordered seizures in open court.”
The opinion cites testimony from Circuit Judge Terence Perkins, who currently presides over felony court in Flagler County. Perkins said he had refused to assign DuPont to the criminal division because he received far more complaints about DuPont than any other judge, mostly due to “heavy-handedness.” Perkins put DuPont in the civil division so "he wasn't putting people in jail all the time." Perkins said he had tried to address the issues with DuPont but it did not seem to change the behavior, the opinion states.
The opinion did cite support for DuPont from Carlos Mendoza, a former judge in the 7th Circuit who was appointed to the federal bench in Orlando. Mendoza said he never saw evidence of “heavy-handedness” from DuPont but he was disappointed by the search in open court and negative information on the campaign website. Mendoza urged sanctions short of removal saying DuPont has "a good heart."
Retired Circuit Judge John Alexander, who was described as DuPont's mentor, said described DuPont as "efficient, dedicated...diligent," according to the 2018 opinion. Alexander had said that DuPont was fit to serve but said his conduct was "befuddling."
This article originally appeared on The Daytona Beach News-Journal: Judge Randell Rowe rethinks retirement after Scott DuPont files to run
