This story was produced in partnership with nonpartisan news organizations and universities across the state working to provide information about the 2026 elections. Learn more about the Florida Elections Reporting Partnership at floridaelections.org.

When voters head to the polls on Nov. 3, they will decide whether five judges on Florida’s Fourth District Court of Appeal should keep their jobs for another six years.

Unlike most elections, these judges are not running against opponents. Instead, voters will answer one question for each judge: Should this judge remain in office? A “yes” vote keeps the judge on the bench for another six-year term. A “no” vote means the judge will not continue in the position.

When someone believes a lower court made a legal error in their legal judgment, they may be able to appeal the decision. Appeals court judges review the case to determine whether the law was applied correctly. Unlike trial judges, they generally do not hear new testimony or consider new evidence. Instead, they review only the existing record and legal arguments.

Florida’s Fourth District Court of Appeal serves six counties: Palm Beach, Broward, Martin, St. Lucie, Indian River and Okeechobee. The five judges facing retention votes are Alan O. Forst, Mark W. Klingensmith, Johnathan D. Lott, Shannon K. Shaw and Caroline Shepherd.

The Florida Trib requested interviews with all five judges to learn more about their judicial experience and approach to the role. In an Oct. 20 email, the Fourth District Court of Appeal’s Marshal’s Office said the judges could not respond to additional questions because of ethical restrictions during the merit-retention process. The office directed the publication to the judges’ official biographies and The Votes in Your Court, a voter-education resource explaining Florida’s courts and judicial elections.

Judge Alan O. Forst was appointed in 2013 by Gov. Rick Scott. He has served on Florida’s Fourth District Court of Appeal since 2013. Before his appointment, he held several legal and administrative positions, including service with Florida’s Reemployment Assistance Appeals Commission. His professional background also includes private legal practice and federal government experience. 

Judge Mark W. Klingensmith was appointed in 2013 by Gov. Rick Scott. He spent almost 25 years of his career in civil litigation practice and as a circuit court judge. Before entering the judiciary, he also held local-government positions, including commissioner, vice mayor and mayor of Sewall’s Point. From 2022 to 2025, he served as chief judge of the Fourth District Court of Appeal and later led the statewide conference of district court of appeal judges. His background combines trial and appellate court experience with local government service and judicial administration.

Judge Johnathan D. Lott was appointed in 2025 by Gov. Ron DeSantis. He studied economics and political science at the University of Florida before earning his law degree from the University of Chicago Law School. His legal career includes federal judicial clerkships, private practice and service as an assistant U.S. attorney. Before his appellate appointment, he also served as a judge in Broward County’s Seventeenth Judicial Circuit. The 2026 retention election marks his first opportunity to appear before voters as a Fourth District appellate judge.

Judge Shannon K. Shaw was appointed in 2025 by Gov. Ron DeSantis. She earned her undergraduate degree from Duke University and her law degree from Vanderbilt University. Before her appointment, she worked as an assistant U.S. attorney in the Southern District of Florida, practiced law at Hunton & Williams and clerked for federal judges. Her background includes federal prosecution, private legal, practice, and judicial clerkships. 

Judge Caroline Cahill Shepherd was appointed in 2025 by Gov. Ron DeSantis, after serving in Florida’s trial court system. She previously worked as a county judge in Palm Beach County before becoming a circuit judge in the Fifteenth Judicial Circuit. She also served as a prosecutor in Florida and in the U.S. Attorney’s Office for the District of Columbia. She earned her law degree from New England School of Law. 

Florida uses a process called merit retention for appellate judges. Rather than competing against another candidate, judges appear on the ballot for voters to decide whether they should remain in office. They serve six-year terms and may be eligible for additional terms.

The process gives voters an opportunity to weigh in on whether judges should continue serving. Understanding a judge’s background, experience and work on the bench can help voters make an informed decision.

Voters can learn more about merit retention on the Florida Bar website before casting their ballots.