Grant's Candidacy Challenged

By John Lawhorne
Charlotte Sun Harold
March 19, 2004

DESOTO COUNTY -- An Arcadia attorney has filed suit to block the candidacy of a woman seeking the office of DeSoto County Court Judge. Attorney David Carlton declares that Nancy Grant is not qualified to hold or run for the office.

Carlton has filed the suit against the DeSoto County Supervisor of Elections and Grant, in the 12th Judicial Circuit Court.

Grant ran unsuccessfully for governor of Florida in 2000 as the Christian Party candidate. She is the chairman of Jail For Judges, a political action committee working for judicial reform.

County Court Judge is a nonpartisan office in DeSoto County.

Carlton maintains in the suit that if Grant is allowed to campaign, "she would not be subject to the Florida Bar's regulations for judicial candidates which could harm the court system." Allowing Grant to campaign, Carlton goes on to say, would result in "gross public waste in the form of public expense and time."

Any elector who cast a ballot for Grant would unknowingly cast a vote which is null and void, Carlton says. "If elected, defendant Grant would irreparably harm the court system because she lacks the legal training to serve as a county judge."

Carlton alleges in his suit that Grant is not qualified to hold or run for the office of County Court Judge because she is not a member of the Florida Bar.

Section 34.021 Florida Statutes states that "no person is eligible for election or appointment to the office of county court judge unless the person is, and has been for the preceding five years, a member in good standing of the bar of Florida prior to qualifying for election to such office ..."

Section 34.021 goes on to state that the five year requirement is not necessary in some smaller counties.

"A person is eligible for election or appointment to the office of county court judge in a county having a population of 40,000 or less if she or she is a member in good standing of the bar of Florida."

Article V Sec. 8 of the Florida Constitution states that "Unless otherwise provided by general law, no person is eligible for the office of county court judge unless the person is, and has been for the preceding five years, a member of the bar of Florida."

Grant admits that she is not a member of the Florida bar.

"But," she says, "I read in the Florida Constitution Article 5 that a county court judge in any county having a population of 40,000 or less according to the decennial census, is not be required to be a member of the bar of Florida. I called the Division of Elections in Tallahassee about Article 5 and they did not tell me I couldn't run.

"I will be preparing my own response," Grant says. "I've learned how to prepare and file my own legal documents."

Carlton is asking the court to mandate the supervisor of elections disqualify Grant from seeking the judgeship and to prohibit the supervisor of elections from placing Grant on any ballot as a candidate for DeSoto County Court Judge.

DeSoto County Supervisor of Elections Mark Negley says he was advised by the State Elections Office that it was not up to him to corroborate candidate information or to qualify candidates.

"I'm just the filing officer," he says. Negley says that Grant has filed all the papers required to become a candidate and has opened a campaign account.

But Negley noted that without a challenge, an unqualified candidate could, conceivably, carry through with an election campaign and even win the votes to win an office, although such a candidate would not be allowed to take office. Carlton's suit will provide that challenge.

The supervisor of elections and Grant have 20 days to respond to the suit. The case will be heard by 12th Judicial Circuit Chief Judge Robert Bennett.