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Per-judge retention calls inside
The ballot
Florida Supreme Court justices are appointed by the governor from Judicial Nominating Commission nominees and then face the voters in a nonpartisan, yes-or-no merit-retention vote — first in the next general election after appointment, then every six years. A majority of YES votes retains the justice for a new six-year term; a majority of NO votes creates a vacancy the governor fills by appointment. No Florida Supreme Court justice has ever lost a retention election since the merit-retention system was adopted in the 1970s. The election is November 3, 2026; early voting is already open. One justice is on the statewide ballot this year.
The evaluation gap, printed up front: Florida has no state judicial-performance-evaluation commission for retention judges. The Florida Bar's merit-retention poll of lawyers — the closest thing to an evaluation Florida voters had — was discontinued after 45 years in 2023, so there is no 2026 Bar poll. The last poll, in 2020, is reported below with its date attached; it is evidence about 2020, not a current evaluation, and this guide prices it as such.
Justice Carlos G. Muñiz
Appointed by: Governor Ron DeSantis, January 2019. On the bench since: January 22, 2019 — about seven years on the Supreme Court, including service as Chief Justice from 2022 to 2026. First retention: 2020, retained with 65.75% YES votes.
Before the bench (credits): Yale Law School graduate; general counsel to the U.S. Department of Education under Secretary Betsy DeVos; chief of staff to Florida Attorney General Pam Bondi; earlier legal posts in Florida state government. He had no prior judicial service when appointed — a fact his critics cite and his defenders answer with his appellate-government record. In 2020 President Trump included him on a published list of potential U.S. Supreme Court nominees.
Evaluation: In the Florida Bar's 2020 poll, 71% of responding lawyers favored retaining Muñiz overall — but only 63% of lawyers reporting "considerable knowledge" of him did, the lowest considerable-knowledge rating of any jurist polled that year. Voters retained him anyway, 65.75% to 34.25%. No Bar poll exists for 2026 (discontinued 2023), and no conduct body has published an adverse finding against him in this research.
The record — credits column. Muñiz is a self-described textualist and Federalist Society member whose signature methodological opinion, Conage v. United States, rejected Florida's old rule that interpretive canons apply only after a court finds text ambiguous, directing courts instead to consider all textual and structural clues. As Chief Justice he led the court's civil-justice reform program, including case-management and discovery rule changes aimed at moving cases faster. Supporters credit a consistent, text-bound jurisprudence and an administratively active chief justiceship.
The record — dirt column, at the proven standard. The documented controversies are jurisprudential, not personal, and they are real:
- In 2020 Muñiz joined the majority that replaced Florida's precedent-overruling framework with a "clearly erroneous" standard, discarding the prior multi-factor test that weighed reliance and workability. Critics call the new framework a license to unsettle settled law; defenders call it a return to deciding cases on the text as written.
- In April 2024 he joined the 6–1 majority in Planned Parenthood of Southwest and Central Florida v. State, holding that the Florida Constitution's privacy clause does not protect abortion — overruling the court's 1989 In re T.W. precedent reaffirmed as recently as 2017 — which let the 15-week ban stand and triggered the 6-week ban. At oral argument he questioned whether the privacy right should be recognized at all and stated he could not affirmatively say "natural person" excludes the unborn.
- In July 2025 he authored the majority opinion in Black Voters Matter Capacity Building Institute v. Byrd, upholding Governor DeSantis's congressional map, which eliminated the north Florida district previously drawn to give Black voters an opportunity to elect their preferred candidate. The court held the challengers had not shown a map satisfying both Florida's Fair Districts Amendment and the federal Equal Protection Clause.
- He voted in 2020 majorities keeping a proposed assault-weapons-ban amendment off the ballot as misleading and holding that felons must pay all fines and fees before regaining voting rights under Amendment 4.
The organized campaign against him, evaluated. A published op-ed campaign (Creative Loafing Tampa Bay, October 2026) and at least one progressive voter guide urge a NO vote. Read closely, their case is the precedent record above — the 2020 framework change, the summary-judgment rule change, and the abortion ruling — argued as proof the court rewrites law when its membership changes. That is a serious jurisprudential argument, and voters who weigh precedent-stability heavily can weigh it. It alleges no misconduct, no ethics finding, and no failure of competence or temperament, and no source in this research documents any. Under the standard this page applies to every retention judge — a NO call requires proven misconduct, proven activist judging that disregards governing text, or an evaluation failure — disagreement with a textualist court's overrulings, however consequential, is a ruling dispute, and the 2020 Bar poll's soft considerable-knowledge number is six-year-old evidence that the voters who saw it answered by retaining him.
OUR CALL
Carlos G. Muñiz — RETAIN.
Our rule is narrow and it is the same one we apply in every state in this coverage: Retain is the call for a serviceable documented record; Do Not Retain requires proven cause. Muñiz's record is fully documented and sharply contested on the merits — he helped remake Florida precedent doctrine and authored the redistricting opinion — but the file contains no misconduct, no discipline, no evaluation failure in any current evaluation (there is no current Florida evaluation to fail), and no sourced showing that he decides cases outside the text-and-precedent method he professes. The campaign against him proves disagreement, not disqualification. We print his whole record above, both columns, so a voter who prices precedent-stability differently than we do has everything needed to vote the other way — but this page's call, on this standard, is Retain.
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Sources
- The Florida Bar — 2026 Florida merit retention election (official roster: Muñiz + 22 DCA judges; no 6th DCA judges up) — https://www.floridabar.org/public/faircts/votes010/merit-retention-biographies/
- USA TODAY Network–Florida voter guide, October 2026 (appointment January 2019; Bondi chief of staff; 2025 redistricting majority opinion) — Palm Beach Post — https://www.palmbeachpost.com/story/news/politics/elections/state/2026/10/23/florida-voter-guide-to-judges-and-one-justice-on-the-ballot/92383517007/
- Sparker's Soapbox — Florida Supreme Court Merit Retention 2026 (textualism and Conage; civil-justice reforms; Bar poll discontinued in 2023; 2020 poll 71% overall / 63% considerable-knowledge; chief justice elected July 1, 2022, re-elected April 25, 2024) — https://www.sparkers-soapbox.com/florida-supreme-court-merit-retention-2026-general/
- The Florida Bar News (2020) — Justice Muñiz and 23 appellate judges win merit retention (Muñiz retained 65.75% YES) — https://www.floridabar.org/the-florida-bar-news/justice-muniz-23-appellate-judges-win-merit-retention-contests-seven-trial-court-seats-decided/
- The Florida Bar News (2020 poll report) — Florida lawyers rate jurists facing retention vote (Muñiz 71%) — https://www.floridabar.org/the-florida-bar-news/florida-lawyers-rate-jurists-facing-retention-vote/
- Creative Loafing Tampa Bay, October 2026 — Op-ed: Vote 'No' on retaining Justice Carlos Muñiz (the organized NO case — evaluated above, not adopted) — https://www.cltampa.com/news/op-ed-vote-no-on-retaining-florida-supreme-court-justice-carlos-muniz/
- Discourse.net, October 25, 2026 — 2026 Midterm Elections Voter Guide, Part 2 (progressive guide urging NO on Muñiz, YES on the five Miami-area DCA judges) — https://www.discourse.net/2026/10/2026-midterm-elections-voter-guide-part-2-judicial-elections/
Result pending. No verified call (Associated Press or official) as of November 4, 2026. This page will be updated when the race is called or certified. The original article above is unchanged.
AI-assisted article — but the sources are human, and the facts are very real.