Three Florida Supreme Court justices, facing a lawsuit that claims they violated state law by using court employees for election paperwork, don’t want to give depositions.

Barbara Pariente, Peggy Quince and R. Fred Lewis have filed a motion asking a Leon County judge to block the discovery phase from starting until their motion can be heard to dismiss the lawsuit. The suit seeks to prohibit Secretary of State Ken Detzner from placing the justices on the November ballot.

And they added that testimony should also be held up for the 19 other law clerks, judicial assistants and others that the conservative Southeastern Legal Foundation has sought to depose.

“The court should enter a protective order staying discovery until the court rules on the justices’ motion to dismiss,” wrote counsel for the justices -- John DeVault III, Henry Coxe III, Michael Lockamy.

The Atlanta-based foundation, in a lawsuit on behalf of Florida residents Bernard Long and Veronico L. “Ron” Flores, claims the justices violated state law by using court employees to prepare the campaign documents needed to qualify for the merit retention election on the November ballot.

The justices argued the depositions should be blocked because the foundation filed to have the testimony taken nine days after the lawsuit was filed on June 27, before the justices were able to respond to the initial complaint.

The justices added that they have since responded -- claiming the plaintiffs don’t have standing and that the circuit court doesn’t have jurisdiction. And, they say the initial motions should be heard before the discovery phase begins.  

Two weeks ago, the Florida Department of Law Enforcement, concluding an investigation without uncovering any violations, called the use of a court employee a common practice.

The FDLE investigation was spurred by state Rep. Scott Plakon, R-Longwood, and forwarded by Scott.

Scott released a terse statement after the FDLE findings were released, noting that the case remained in the courts “where a determination will be made as to whether this ‘common practice’ is legal.”

If anything, the lawsuit, FDLE probe and actions by Orlando-based Restore Justice2012 have helped the legal community to come together to raise nearly $1 million for the justices' retention efforts.



Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.