Scott DuPont ends legal challenge for upcoming election, but files to run in 2026

Former Circuit Judge Scott DuPont, who was removed from the bench by the state Supreme Court in 2018, has given up his legal fight to run against Circuit Judge Rose Marie Preddy.

But he has already filed to run in 2026 against Circuit Judge Randell Rowe III, a long-serving judge who was appointed to the bench in 2005 and has overseen criminal and civil dockets in Volusia County.

DuPont’s attorney, Anthony Sabatini, filed a motion/notice of voluntary dismissal Monday in the First District Court of Appeal.

That means Leon County Circuit Court Judge Lee Marsh's ruling booting DuPont from the race stands.

One of Preddy's attorneys, Barry Richard, said DuPont was unlikely to win the appeal.

"I think he was wise to dismiss it because I don’t think he was going to win," Richard said in a phone interview. "Obviously, I’m pleased for Judge Preddy."

DuPont could not be reached for comment.

"Scott decided he would just wait to run next year," Sabatini said in a phone interview. "It’s not worth the time, the hassle, if he knows he is eligible for next year. And he is.

"I think it would have been a difficult appellate case but it would have been possible," Sabatini said about the changes of winning the legal battle.

Preddy said in a brief interview that she felt good about the outcome.

“We are reassured that this is a nation of laws and not of men,” she said.

Preddy lives in St. Johns County and was appointed in 2023 by Gov. Ron DeSantis as a circuit judge to the 7th Circuit, which covers Volusia, Flagler, St. Johns and Putnam counties. Preddy will now serve a six-year term before being up for re-election.

DuPont served as a circuit judge until he was removed in 2018 by a unanimous vote of the Florida Supreme Court, which stated at the time that DuPont was unfit to serve on the bench and cited egregious campaign violations as well as judicial canon violations.

DuPont was then suspended from the practice of law for 91 days effective Oct. 21, 2019. The fact that the state Supreme Court suspended DuPont for 91 days and not 90 days meant that he would have to apply for reinstatement.

DuPont, who lives in Palm Coast, filed this year to run against Preddy.

DuPont was reinstated June 30, 2020, according to the motion by Preddy’s attorneys, Barry Richard and Daniel Nordby.

That means DuPont was not a member of the Florida Bar for eight months and was reinstated less than four years ago, the motion stated. But to serve as a circuit judge, an attorney must be a member of the Florida Bar for the preceding five years.

This article originally appeared on The Daytona Beach News-Journal: Scott DuPont ends legal challenge for '24 election, files to run in '26