I notice on the ballot several names of judges with question “should they be retained in office” vote yes or no. 
Need to have this clarified
Oscar

Dear Oscar:

Glad you asked.  Many voters are confused by the retention questions on the ballot:  “Shall Justice/Judge ____ be retained in office?” The choices are “Yes” or “No.”

Florida, like a number of other states, chooses its appellate court-level judges and justices (Florida District Court of Appeals; Florida Supreme Court) using the merit-retention system. 

The merit-retention method of selecting justices and judges, also known as the Missouri Plan, is a hybrid system that combines appointment and election.  When a vacancy on the Florida Supreme Court (or District Court of Appeals) occurs, qualified Floridians interested in getting on the court apply to the state’s Judicial Nominating Commission (JNC).  The JNC reviews the applications, narrows the list down to from three to six names, then submits those names to the governor.  The governor then selects the new justice or judge from that list.  This is the merit portion of the selection process. 

At the next general election (but at least more than one year following the appointments), the new justice/judge’s name goes on the ballot so that the voters can decide whether the new appointee should be given a full term of office (six years for Supreme Court justices; six years for District Appellate Court judges). This is the retention portion of the selection process.

If a majority of the voters vote “No” for retaining a particular Supreme Court justice or Appellate Court judge (which has never happened yet), the nominating process starts all over again.

The merit-retention system is NOT used to elect Circuit Court and County Court judges.  Both circuit court and county judges run in nonpartisan elections.

For an excellent overview of Florida’s court system, go to www.flcourts.org

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