Judge Jay P. Cohen | Voting for Justice

County court judges are elected in the Primary by voters and serve 6 year terms. At the end of each term, if they are not challenged, they win the election automatically. If the vote in the Primaries is too close, the candidates may also appear on the General Election ballots.

Job Details

They oversee the majority of non-jury trials in Florida. Most of their cases involve traffic offenses, misdemeanors, and civil disputes of $30,000 or less. They are eligible for assignment to the Circuit Court. ‍

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn More About County Court

Appointment Process

While county judges are meant to be elected, sometimes a vacancy is created from a judge leaving their position. The county courts are contained within a circuit court, and use the circuit court's Judicial Nominating Commission.

Circuit court judges are elected in the General by voters and serve 6 year terms. At the end of each term they run for the seat again. If they run unopposed, they win the election automatically. If a vacancy is created between elections, they are appointed by the Governor.

Job Details

They oversee criminal and civil cases. This includes felonies, family law, civil cases above $30,000, probate, mental health, and some appeals. ‍

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn More About Circuit Court

Appointment Process

While circuit judges are meant to be elected, sometimes a vacancy is created from a judge leaving their position or a new position being created. There is a Judicial Nominating Commission for the each of the circuit courts. The Commission includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

Supreme Court Justices are appointed by the Governor to serve a 6 year term. Voters choose to keep the Justice or to remove them from office. If the Justice is voted out, the Governor appoints a new Justice.

Job Details

This Court reviews the decisions of lower courts. There are seven Justices. At least five Justices must be on a panel for a case and at least four must agree. If a person is unhappy with a ruling from this court, they can request that the U.S. Supreme Court review the decision. These requests are often denied.

The Florida Supreme Court can also turn down requests for review. It must review certain rulings, though. These include final orders imposing death sentences, decisions declaring a State statute or part of the State Constitution invalid, bond validations, and certain orders of the Public Service Commission on utility rates and services.

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn more at the Florida Supreme Court Website

Appointment Process

The Judicial Nominating Commission for the Supreme Court includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

Appeal court judges are appointed by the Governor to serve a 6 year term. At the end of each term, voters choose to keep the judge or to remove them from office. If the judge is voted out, the Governor appoints a new judge.

Job Details

The Appeal Court reviews the decisions of lower courts with a three judge panel. If a person is unhappy with a ruling from this court, they can request higher courts to review the decision. These requests are often denied.

The Florida Appeal Courts are divided into five districts. This site focuses on the 5th District, which includes the following counties: Orange, Osceola, Volusia, Flagler, Putnam, St. Johns, Lake, Marion, Sumter, Citrus, Hernando, Brevard, and Seminole.

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

‍Learn More About Florida's Courts of Appeal

Appointment Process

There is a Judicial Nominating Commission for the each of the Appeal Court districts. The Commission includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

County court judges are elected in the Primary by voters and serve 6 year terms. At the end of each term, if they are not challenged, they win the election automatically. If the vote in the Primaries is too close, the candidates may also appear on the General Election ballots.

Job Details

They oversee the majority of non-jury trials in Florida. Most of their cases involve traffic offenses, misdemeanors, and civil disputes of $30,000 or less. They are eligible for assignment to the Circuit Court. ‍

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn More About County Court

Appointment Process

While county judges are meant to be elected, sometimes a vacancy is created from a judge leaving their position. The county courts are contained within a circuit court, and use the circuit court's Judicial Nominating Commission.

Circuit court judges are elected in the General by voters and serve 6 year terms. At the end of each term they run for the seat again. If they run unopposed, they win the election automatically. If a vacancy is created between elections, they are appointed by the Governor.

Job Details

They oversee criminal and civil cases. This includes felonies, family law, civil cases above $30,000, probate, mental health, and some appeals. ‍

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn More About Circuit Court

Appointment Process

While circuit judges are meant to be elected, sometimes a vacancy is created from a judge leaving their position or a new position being created. There is a Judicial Nominating Commission for the each of the circuit courts. The Commission includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

Supreme Court Justices are appointed by the Governor to serve a 6 year term. Voters choose to keep the Justice or to remove them from office. If the Justice is voted out, the Governor appoints a new Justice.

Job Details

This Court reviews the decisions of lower courts. There are seven Justices. At least five Justices must be on a panel for a case and at least four must agree. If a person is unhappy with a ruling from this court, they can request that the U.S. Supreme Court review the decision. These requests are often denied.

The Florida Supreme Court can also turn down requests for review. It must review certain rulings, though. These include final orders imposing death sentences, decisions declaring a State statute or part of the State Constitution invalid, bond validations, and certain orders of the Public Service Commission on utility rates and services.

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

Learn more at the Florida Supreme Court Website

Appointment Process

The Judicial Nominating Commission for the Supreme Court includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

Appeal court judges are appointed by the Governor to serve a 6 year term. At the end of each term, voters choose to keep the judge or to remove them from office. If the judge is voted out, the Governor appoints a new judge.

Job Details

The Appeal Court reviews the decisions of lower courts with a three judge panel. If a person is unhappy with a ruling from this court, they can request higher courts to review the decision. These requests are often denied.

The Florida Appeal Courts are divided into five districts. This site focuses on the 5th District, which includes the following counties: Orange, Osceola, Volusia, Flagler, Putnam, St. Johns, Lake, Marion, Sumter, Citrus, Hernando, Brevard, and Seminole.

Judicial candidates must be impartial. They are not allowed to run on a platform or declare a party affiliation.

‍Learn More About Florida's Courts of Appeal

Appointment Process

There is a Judicial Nominating Commission for the each of the Appeal Court districts. The Commission includes 9 members. 5 are directly appointed by the Governor. The other 4 are also appointed by the Governor, but from a list of 3 nominees provided by the Florida Bar. If the Governor doesn’t like the list, he can request a new one until he finds a nominee he likes.

Candidate Case Rulings

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Anita Jane Smithey vs. State of Florida

5th District Court of Appeal

December 2020

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State of Florida vs. Blake Michael Cowart

5th District Court of Appeal

February 2020

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Anita Jane Smithey vs. State of Florida

5th District Court of Appeal

December 2020

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Candidate Background

Judicial Background

2008 - present: Judge, 5th District Court of Appeal. Appointed by Governor Charlie Crist. He won the retention vote in 2010 by 63.36% and 2016 by 67.95%.
1993 - 2008: Circuit Judge, 9th Judicial Circuit Court. Appointed by Governor Lawton Chiles.* He was involved in setting up the website for the 9th Circuit.
1990 - 1993: County Judge, Orange County. Appointed by Governor Bob Martinez.* He helped start a successful volunteer-based mediation program in the county, which reduced the court's caseload.‍

Additional Background

Before he became a judge, Cohen had about 11 years of experience as an attorney. In that time, he argued 100 jury trials, 200 non-jury trials, and 2 cases for administrative bodies (government agencies) to completion. For the first 3 years, he was a Prosecutor. He then shifted to private practice, where he specialized in criminal defense, juvenile dependency, domestic relations, commercial matters, and personal injury.

Before that, he clerked for a total of nearly 2 years for an attorney and Student Legal Services at the University of Florida. In this time, he spent 1 year on the Board of Supervisors Appellate Advocacy Program at the University of Florida. He interned for 9 months at the Office of the State Attorney.

He has taught in the Justice Teaching program, where legal professionals educate K-12 students about our justice system.

This judge is a member of the Federalist Society.

Expected Retirement

2028

This judge is a textualist, who uses an interpretation of the Constitution that is advocated by the Federalist Society.

additional resources

Note: Some sources, like the Orlando Sentinel, Florida Today, and Tampa Bay Times, have a limited number of free articles.

* Appointed instead of running for election because of a vacancy between election cycles.

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Florida Supreme Court Counties

Alachua County

Baker County

Bay County

Bradford County

Brevard County

Broward County

5th District Court of Appeals Counties

Brevard County

Citrus County

Flagler County

Hernando County

Lake County

Marion County