It could be a case of quid pro quo, or possibly luck. Meet Judge Eric J Eisnaugle – Florida’s 5th District Court of Appeals newest jurist.
Who is Judge Eric Eisnaugle and what did his resume have that other candidates didn’t?
He previously served in the Florida House of Representatives as a member of the Republican Party since 2008 and even had his eye on the speakership before his appointment to the bench.
Most appellate judges have served as lower court judges. This is customary because appellate judges hear and review cases from trial courts, so they already have a good understanding of the lower court’s procedures. Unfortunately, he has no such experience.
His experience is strictly legislative and he does not have any judicial experience – aside from being an attorney. The applicants for the position included 9 circuit court judges and 7 attorneys. In other words, there were plenty of other well-qualified applicants and Governor Scott had quite the selection from which to choose.
Many Justices on the Supreme Court of The United States were appointed directly to the bench. This means that those select justices were not previously judges. Although he lacks judicial experience, Judge Eisnaugle fulfills all of the requirements on the judiciary as outlined in Article V, Section 8 of the Florida State Constitution.
It is important that a judge be unbiased when making their decisions. Appellate judges in Florida face a retention election to aid them in making their decisions so that they aren’t swayed by political or public opinion. Retention elections usually end in favor of the incumbent and so most sit on the bench until they are appointed to a different court or they retire. With that being said, one can only hope that Judge Eisnaugle will be able to rule without bias.
The Florida legislature launched an attack on the judiciary with HJR 121, which would allow the legislature to override judicial decisions. You can view that proposal here. Luckily, that bill died in the House. This would have violated the separation of powers if it had succeeded.
Governor Scott’s appointment of Judge Eisnaugle seems like a reward for a political ally. If that were the case, this would be another attack on the judiciary.
With that being said, one can only hope that Judge Eisnaugle will be able to rule without bias. Legislating from the bench is the last thing that people want.
