Lawsuit: Disgraced ex-judge Scott DuPont not eligible to run for circuit bench
Former Circuit Judge Scott DuPont, who was removed from the bench by the state Supreme Court which said he was unfit to be a judge in 2018 and later suspended from practicing law, should be barred from running for another seat on the circuit bench because he fails to meet an eligibility requirement, according to a lawsuit filed Friday.
Incumbent Circuit Judge Rose Marie Preddy, whom DuPont has filed qualifying papers this week to challenge for her seat in the Circuit 7 Group 11 race, filed the suit.
The lawsuit cites the Florida Constitution which states that no person will be eligible to be a circuit judge unless he or she has been a member of the Florida Bar for the preceding five years.
But DuPont was suspended for 91 days by the Florida Supreme Court in 2019 after the court found him guilty of violating multiple Florida Bar rules, the lawsuit states.
The Florida Supreme Court defines the phrase "a member of the bar of Florida" to mean "a member with the privilege to practice law," the lawsuit states.
Therefore, DuPont was not a member of the Florida Bar during the time he was suspended, and he doesn't meet the five-year threshold, according to the suit.
"Defendant Scott C. DuPont fails to satisfy the constitutional eligibility requirements for the office of Circuit Court Judge," the lawsuit states.
The lawsuit names as defendants DuPont and the Florida Department of State, Division of Elections, and also names each of the supervisors of elections in the four counties covering the 7th Circuit: Volusia, Flagler, Putnam and St. Johns.
In addition to seeking a court judgment ruling DuPont ineligible to serve as a circuit court judge, Preddy's lawsuit is requesting an injunction directing the state Division of Elections and the Supervisor of Elections offices in Volusia, Flagler, Putnam and St. Johns counties to withhold certification of DuPont as a qualified candidate, exclude DuPont from any ballots printed for the primary election and not certify any votes cast for DuPont.
Preddy is represented by attorneys, Daniel Nordby of Shutts & Bowen and Barry Richard, all in Tallahassee. The lawsuit was filed in the 2nd Judicial Circuit in Tallahassee.
Preddy referred a reporter to Richard, who said he was curious to see what Scott's defense would be.
“It seems to me that the law is pretty clear,” Richard said. “It also seems to me that a judicial candidate should be aware of what the law is. I mean everyone should be aware of it but especially a judicial candidate.”
DuPont said Friday afternoon in a brief phone interview that he had not yet seen the lawsuit but maintained he could run.
“We believe that the constitution and the Florida Bar rules are clear in that I do qualify,” DuPont said. “I’m looking forward to my day in court.”
DuPont declined to get into specifics of why he believed it was clear he could run for office.
This article originally appeared on The Daytona Beach News-Journal: Lawsuit: Ex-judge Scott DuPont not eligible to run for judicial seat
