In a 4-3 decision the Florida Supreme Court has ruled that Governor Rick Scott does have the authority to appoint a replacement for a retiring Northeast Florida circuit judge. The case centered on whether Scott – or voters – should pick a replacement for 4th Judicial Circuit Judge Robert Foster, who was originally slated to leave office January 7th, 2019, because of a mandatory retirement age. But Foster made his resignation effective December 31st, four business days ahead of schedule. Scott said the resignation before Scott went out of office allowed him to fill the slot by appointment, rather than election. Now the Court has agreed.