DeSantis appoints ousted Hillsborough judge to new appeals court

Jared Smith, the Hillsborough circuit judge whom voters ousted in August after his controversial ruling in an abortion case, received’t have to grasp up his judicial gown in any case.

Gov. Ron DeSantis appointed Smith to fill one of many three vacancies Tuesday on the newly created sixth District Court of Appeal, which will likely be primarily based in Lakeland. Smith’s appointment will take impact Jan. 1.

Smith misplaced the August election for his judicial seat to Tampa attorney Nancy Jacobs. The unusually contentious race noticed abortion loom as a key difficulty.

Smith grew to become a goal of criticism from reproductive rights advocates after an appeals court overturned his determination in a case involving a 17-year-old woman who sought a judicial waiver to get hold of an abortion with out her mother and father’ consent.

He’d concluded that the woman didn’t exhibit the maturity, intelligence and different qualities obligatory to make the choice. In a 2-1 ruling, a three-judge panel discovered that Smith abused his judicial discretion.

Although judicial races are non-partisan, the race between Smith and Jacobs carried an air of partisanship. Reproductive rights advocates backed Jacobs, a felony protection and household regulation legal professional. She had twice earlier than campaigned for judicial vacancies.

Smith, an evangelical Christian, grew to become the goal of additional criticism when a video surfaced of his spouse talking about Jacobs throughout a marketing campaign look in a neighborhood church. In the video, Suzette Smith was heard saying that Jacobs, who’s Jewish, “needs Jesus,” amongst different feedback.

The feedback sparked accusations of antisemitism.

Jacobs known as her feedback “troubling.”

Smith’s spouse later posted a message to her husband′s marketing campaign Facebook web page denying antisemitism and professing that her husband has Jewish family members and respects the Jewish individuals.

Jacobs defeated Smith 52-48 p.c within the election. It is uncommon for a sitting judge to lose reelection.

Shortly after his loss, Smith utilized by way of a Judicial Nominating Commission to be on the new appeals court. The state Legislature created the new 6th District Court of Appeal in June. Based in Polk County, it’ll embody 9 judges who will hear appeals from the trial courts in 10 counties in central and southwest Florida, however not Hillsborough.

Smith was one in every of 33 candidates and 18 finalists, which additionally included Republican State Rep. Mike Beltran.

But earlier than the choice was introduced, State Rep. Geraldine Thompson, a Democrat, filed a challenge in the Florida Supreme Court. She claimed that Smith, Beltran and two different nominees had been ineligible to serve on the Lakeland-based court as a result of they didn’t dwell throughout the geographical boundaries of the new district.

The court rejected Thompson’s arguments last week.

A news launch from the governor’s workplace saying Smith’s appointment Tuesday states that he’s a resident of Lakeland. He beforehand resided in Lutz.

Smith was appointed as a Hillsborough County judge by former Gov. Rick Scott in 2017. DeSantis elevated him to the circuit degree in 2019.

Get insights into Florida politics

Subscribe to our free Buzz e-newsletter

Political editor Emily L. Mahoney will ship you a rundown on native, state and nationwide politics protection each Thursday.

You’re all signed up!

Want extra of our free, weekly newsletters in your inbox? Let’s get began.

Explore all of your choices

Before turning into a judge, Smith was a companion within the agency of Rumberger, Kirk and Caldwell. He was a captain within the U.S. Air Force. He obtained his regulation diploma from Washburn University and holds a bachelor’s diploma from Fort Hays State University.

DeSantis appointed Judges Joshua Mize and Keith White of the Orlando-based ninth Judicial Circuit to fill the opposite two appeals court vacancies.