Former circuit judge Scott DuPont has been deemed ineligible to pursue public office following a court ruling on Wednesday. The decision underscores the argument that DuPont falls short of the eligibility requirements due to his suspension from the Florida Bar.
The Daytona Beach News-Journal reported that DuPont, a resident of Palm Coast, had intended to run against Circuit Judge Rose Marie Preddy in the upcoming election. However, the court’s decision has barred him from doing so, creating a legal obstacle in his path.
DuPont previously held a position as a circuit judge before being removed by the Florida Supreme Court in 2018.
His removal four years ago stemmed from severe violations related to his campaign and breaches of judicial canons. Despite being ordered not to run again, DuPont remained committed to entering the race, citing that the order did not explicitly prohibit him from future candidacy.
However, an additional barrier has surfaced due to DuPont’s suspension by the Florida Bar. The suspension has played a crucial role in the court's recent ruling to exclude him from the race.
Attorneys for Rose Marie Preddy argued that DuPont’s suspension renders him ineligible under the Florida Constitution, which requires a candidate to be an active member of the Florida Bar for the previous five years. They pointed to previous rulings where suspended attorneys were not considered active members.
Preddy is represented by attorneys Daniel Nordby from Shutts & Bowen and Barry Richard from Tallahassee. They have been successful in their argument, ultimately convincing the court to rule against DuPont’s eligibility.
On Wednesday, the court ordered election supervisors in Volusia, Flagler, St. Johns, and Putnam counties to remove DuPont’s name from the August primary ballots, thereby putting a definitive end to his campaign for this election cycle.
DuPont’s attorney, Anthony Sabatini, has announced plans to appeal the court’s decision to the state’s 1st District Court of Appeal. Sabatini contends that the eligibility phrase within the Florida Constitution should be interpreted broadly. He argues that it includes anyone who belongs to the Florida Bar, irrespective of their current status to practice law.
“Under a fair reading of this clause, 'member' clearly means someone who belongs to the Florida Bar, whether they can practice at the time or not,” said Sabatini.
This interpretation, however, has faced significant opposition. Preddy’s attorneys have countered Sabatini’s argument, maintaining that the Constitution intends for only those with active privileges to practice law to be considered eligible.
Preddy’s legal team has argued that DuPont is “constitutionally ineligible” to serve as a circuit judge “as a matter of law.” They stress that past Supreme Court decisions imply that bar membership should be understood as requiring active privileges to practice law.
They stated that the intent behind the Constitution is clear: only those who can actively practice law at the time of their candidacy should be deemed eligible to run for judiciary positions. This interpretation underscores the sentiments of maintaining professionalism and active involvement in legal practice for those who seek judicial office.
With the court ruling in favor of Preddy’s argument, this precedent offers a substantial obstacle to DuPont’s political ambitions.
The implications of this decision extend beyond DuPont's case. It sets a precedent for future candidates in similar situations regarding bar membership and eligibility requirements.
Given the court’s order, DuPont’s name will be removed from all relevant primary ballots, thus ending his current attempt to reclaim a judicial seat. However, the pending appeal by his attorney indicates that the legal battle may not be over.
As Sabatini prepares to take this argument to the 1st District Court of Appeal, the broader legal community will be watching closely. This case may further define eligibility standards for judicial candidates in the context of bar membership and active practice.
Meanwhile, for Circuit Judge Rose Marie Preddy, the ruling signifies a welcomed victory, solidifying her position in the upcoming election without the challenge posed by DuPont.
To summarize, Scott DuPont, a former circuit judge, has been barred from running in the forthcoming election by a court ruling on Wednesday. The decision is based on his suspension from the Florida Bar, which renders him ineligible under constitutional requirements for judicial candidates.
Despite his attorney’s intentions to appeal, the ruling currently stands, and DuPont's name will be removed from the August primary ballots. The appeal, if successful, could potentially redefine the interpretation of eligibility phrases in the Florida Constitution regarding bar membership and practice privileges.
This case highlights the importance of maintaining professional standards and active participation in legal practice for candidates aspiring to judicial positions. It also underscores the continuing tension between different interpretations of constitutional clauses concerning eligibility.
