Disgraced former judge Scott DuPont booted from circuit court race

A court ruled Wednesday that former circuit judge Scott DuPont, who was removed from the bench by the state Supreme Court, is ineligible to run again.

DuPont, who lives in Palm Coast, had filed to run against Circuit Judge Rose Marie Preddy.

The Florida Supreme Court removed DuPont in 2018, stating he was unfit to serve on the bench and citing egregious campaign violations as well as judicial canon violations. While the order removed him as a judge, it did not bar him from running again.

Leon County Circuit Judge J. Lee Marsh granted a motion by Preddy's attorneys who argued that DuPont was not eligible to run for circuit judge.

Preddy's attorneys argued that DuPont had not been a member of the Florida Bar for the previous five years — a requirement to run for circuit judge.

The attorneys argued that's because DuPont was suspended by the Florida Bar after his removal from the bench. Preddy's attorneys cited previous court rulings that an attorney is not considered a member of the bar while he or she is suspended.

Preddy is represented by attorneys, Daniel Nordby of Shutts & Bowen and Barry Richard, all in Tallahassee.

The court also ordered that supervisors of elections in the 7th Circuit, which covers Volusia, Flagler, St. Johns and Putnam counties, remove DuPont's name from any ballots for the August primary election.

DuPont’s attorney, Anthony Sabatini, said DuPont will appeal the judge’s decision to the state’s 1st District Court of Appeal.

Attorneys argue about DuPont's eligibility

Sabatini argued in a motion filed before the hearing that a “fair reading” of the eligibility phrase in the Florida Constitution states a person must have been a member of the Florida Bar for the preceding five years and supports DuPont’s eligibility.

“Under a fair reading of this clause, 'member' clearly means someone who belongs to the Florida Bar, whether they can practice at the time or not,” Sabatini wrote.

Sabatini argued that the “common definition of member” is a person belonging to a particular group and he used as an example a member of a sports team who is suspended from playing but is still a team member.

Preddy’s lawyers responded that DuPont “is constitutionally ineligible” to serve as a circuit judge “as a matter of law.”

Preddy’s lawyers also argued that the Supreme Court has reached a decision that being a member of the Florida Bar should be “reasonably understood” to refer to an attorney “with the privilege to practice law.”

DuPont’s attorney is not claiming there is something extraordinary about the DuPont case warranting departure from the Supreme Court’s interpretation of judicial eligibility, Preddy’s attorneys argued.

This article originally appeared on The Daytona Beach News-Journal: Former judge Scott DuPont booted from circuit court race