Merit Retention & Mandatory Retirement of Justices of the Supreme Court

Merit retention is a system of selecting Justices established by the voters when they amended the Florida Constitution in the 1970s. Under merit retention, the Governor appoints new Justices from a list of three to six names submitted by a Judicial Nominating Commission. The Governor must select from the list. Once appointed, Justices eventually must face the voters in a "yes" or "no" vote as to whether they should remain in office.

New Justices face their first merit retention vote in the next general election that occurs more than one year after their appointment. If not retained in office, the Justice will be replaced in the same manner appointed. Justices' merit retention races are conducted on a statewide basis.

If retained, the Justice serves a six-year term beginning in early January following the merit retention election. The Justices then will again face an up or down vote in the general election occurring just before the six-year term expires. If not retained in office, the Justice will be replaced through the Judicial Nominating Commission system.

All terms of Justices end in early January of the year following their merit retention elections.

The Florida Constitution establishes a mandatory retirement age for Justices that occurs on or after their 70th birthdays. The exact date of retirement depends upon when the 70th birthday occurs. If it occurs during the first half of a Justice's six-year term, then the mandatory retirement age is the same as the birthday. If the 70th birthday occurs in the second half of a Justice's six-year term, then the Justice can remain in office until the full term expires.