While Florida Supreme Court justices and appeals court judges are appointed to the bench, voters have a chance to weigh in on their performance during what’s known as a merit retention election.
This year, Supreme Court Justice Carlos Muñiz is the only one of the seven state Supreme Court Justices to be on the ballot statewide Nov. 3. Muñiz was appointed by Gov. Ron DeSantis in 2019 and previously served two consecutive terms as chief justice, elected by his peers in 2022 and 2024.
If the majority of voters think the judge should be removed from the bench, a new judge will be appointed.
Twenty-two district court of appeals judges from the 1st through 5th DCA are also on the ballot for the vote considered mostly a formality— no justice has ever been ousted from the bench after a merit retention election.
During his time as chief justice, Muñiz and the court upheld a congressional map eliminating a majority-Black district in north Florida, writing the court’s majority opinion that restoring the district would be racial gerrymandering that violates the Constitution. Justice Jorge Labarga, the only justice on the court not appointed by DeSantis, was the lone dissenter.
In 2024, the court also allowed Florida’s 6-week abortion ban to go into effect, ruling the state’s constitutional right to privacy does not protect abortion rights. The court also allowed a constitutional amendment to go to voters to protect abortion access up to viability, but it failed to reach the 60 percent threshold to pass.
Muñiz has also emerged as an unlikely critic of the Florida Public Service Commission and Florida Power & Light. The court ruled that state regulators did not adequately justify a public utility rate increase in 2023, and Muñiz in 2024 called the PSC a “black box.”
The Miami Herald’s editorial board called for voters to not retain Muñiz, while the Sun Sentinel said he deserves retention. The justice declined to be interviewed for this story.
Of all the judges up for retention, only one has recently been accused of misconduct. The Judicial Qualifications Commission panel accused Miami Judge Bronwyn Miller of attempting to influence the State Attorney’s Office handling a death penalty resentencing of a case she prosecuted in 2000.
In dozens of texts, Miller discussed the case with the State Attorney, including texting “more tanking of a case where nobody did anything wrong. Unbelievable,” after prosecutors chose to no longer seek the death penalty.
The JQC case before the Supreme Court is still open.
In a statement to the Florida Trib, Miller defended her 30-year legal career, serving as a county, circuit, and appellate judge.
“The charges against me are just that—they are charges. The JQC has not presented clear and convincing evidence of any violation of the judicial canons,” Miller said. “I instead cooperated in an ongoing criminal postconviction proceeding, which was my duty and right to do under the law.”
Below are the listed judges on the ballot for merit retention. See the map above to check out which counties are served by each court.
Judges will also be on the ballot in Miami-Dade, Seminole, Duval, Liberty, Orange, and Osceola counties for circuit and county court benches.
1st District Court of Appeals
Up for merit retention:
