by David Royse
The News Service of Florida
Judge Ronald Swanson and Public Employee Relations Commissioner Stephanie Williams Ray were appointed Friday to the First District Court of Appeal by Gov. Rick Scott.
Swanson, of Pensacola, replaces Judge Peter Webster and Ray replaces Judge Charles Khan Jr., both of whom announced earlier that they’re resigning.
Scott specifically cited the pair’s commitment to “judicial restraint” in naming them to the appeals court, one of the most high profile in the state because it hears most cases involving state government or challenges to state law.
Republicans in the Legislature have for several years complained about “activist” judges who, critics in the GOP have said, thwart the legislative prerogative to make new policy by cancelling laws on constitutional grounds.
Rather than just interpreting law, too many judges instead try to make law, those critics have alleged. Scott signaled strongly on Friday that he agrees with that criticism.
“The First DCA is one of the State’s most important courts, and with these two appointments the Court gains jurists with a deep intellect, an abiding commitment to judicial restraint, and great professional and personal integrity,” Scott said in a statement.
Swanson, 63, has sat on the circuit court bench in Pensacola since 2003, and before that was a county court judge in Santa Rosa County from 2000-03.
Previously, he was an assistant state attorney and served in the U.S. Navy Judge Advocate General’s Corps. He has law degrees from the University of Florida and George Washington University. He applied for a seat on the Supreme Court in 2008 when Justice Kenneth Bell resigned, but wasn’t picked.
“With eleven years on the bench, and a long and distinguished career as a Navy JAG, Judge Swanson will bring integrity, wisdom, and experience to the First DCA,” said Scott.
“He has a proven record of judicial conservatism, and a reputation for considering cases with respect and patience, coming to each decision in a firm but fair manner,” he said.
“As a well-respected member of the Pensacola community, Judge Swanson will bring that community’s values and perspectives with him to the bench. I am confident he will prove to be a wonderful addition to this important court,” said Scott.
Ray, 41, has been chair of the Florida Public Employee Relations Commission since 2008. The panel settles labor and employment disputes between government and its workers. She’s also a former law school associate dean at Florida State University and practiced law with Ausley & McMullen in Tallahassee. Her law degree is from Florida State.
In praising Ray, Scott also implied that he, too, believes judges have overstepped their bounds.
“Her record of decisions as a PERC Commissioner is impressive and reflects respect for and adherence to the rule of law,” Scott said in his statement accompanying the appointments.
“She has an abiding commitment to ensuring that judges say what the law is, rather than what it should be, and I am confident that Commissioner Ray will have a long and distinguished tenure on the First DCA,” he said.
Khan leaves after 20 years on the First DCA bench, including a stint as chief judge in 2006. He was probably most widely known in judicial circles for the circumstances under which he resigned as chief judge, and for being part of the three-judge panel that overturned a conviction of former state Sen. W.D. Childers.
That raised questions of political favoritism because Childers was a friend of Khan’s former law partner, Fred Levin. Another judge, Michael Allen, criticized Khan in a formal opinion, which was unusual and in the ensuing divisiveness, Khan stepped down as chief judge.
Khan plans to work as a federal magistrate in Pensacola.
Webster, like Khan, was also appointed to the First DCA in 1991 by then-Gov. Lawton Chiles. Webster is joining the Carlton Fields law firm in its Tallahassee office. Webster was a finalist for a seat on the Florida Supreme Court a couple of times.
The list of candidates for the First DCA included Fourth Judicial Circuit Judges Jim Daniel and Waddell Wallace, both from Jacksonville along with Miguel Olivella Jr., Charles Stampelos and Jessica Enciso Varn from Tallahassee.