Supreme Court of Florida

Whitney Boan v. Florida Fifth District Court of Appeal Judicial Nominating Commission & Geraldine F. Thompson

December 15, 2022

Summary

The court denied petitions for quo warranto challenging the nomination of nonresident candidates to fill vacancies on two district courts of appeal. It held that the constitutional residency requirement attaches when the Governor makes an appointment, not when a judicial nominating commission certifies nominees. The court also held that alleged violations of the commissions’ procedural rules were not properly reviewable in a quo warranto proceeding because the rules assign that type of complaint to the Governor.