Florida Voters to Decide Five Fourth District Judges
Voters on Nov. 3, 2026 will decide whether five judges on Florida's Fourth District Court of Appeal keep their seats.
Updated on Nov. 2, 2026 in Elections
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On Nov. 3, 2026, Florida voters will vote yes or no on whether each of five Fourth District Court of Appeal judges remains in office. A yes vote keeps the judge on the bench for another six-year term.
Why it matters
The Fourth District serves six counties in South Florida, so the outcome determines who continues to hear appeals across that region. The vote is the mechanism by which Florida's merit-retention system gives voters a direct say over appellate judges.
The ballot asks voters yes or no on five judges, with appointments made in 2013 by Gov. Rick Scott for two of them and in 2025 by Gov. Ron DeSantis for three. Because retention votes are decided by individual judge, the results will be known only after Election Day.
The players
Fourth District Court of Appeal
The Florida appellate court that serves Palm Beach, Broward, Martin, St. Lucie, Indian River and Okeechobee counties and hears appeals from trial courts in that region.
Alan O. Forst
A Fourth District judge appointed in 2013 by Gov. Rick Scott, whose retention is on the November 2026 ballot.
Mark W. Klingensmith
A Fourth District judge appointed in 2013 by Gov. Rick Scott who has nearly 25 years of experience in civil litigation and on the bench.
Johnathan D. Lott
A Fourth District judge appointed in 2025 by Gov. Ron DeSantis, whose retention is on the November 2026 ballot.
The details
Judges Alan O. Forst, Mark W. Klingensmith, Johnathan D. Lott, Shannon K. Shaw and Caroline Shepherd appear on the ballot without opponents. The Marshal's Office said the judges could not respond to additional questions because of ethical restrictions during merit retention.
Timeline
Oct. 20, 2026: Marshal's Office declined judge interviews citing ethical restrictions.
Nov. 3, 2026: Florida voters decide retention for the five Fourth District judges.
Political Context
Florida selects appellate judges through merit retention, in which judges run without opponents and voters decide whether each stays in office for another six-year term. The November 2026 vote applies that system to five judges across six South Florida counties.
Voters will cast a yes or no vote for each of the five judges on the November 3 ballot, and a yes vote keeps that judge in office for six more years. The outcome shapes which judges hear appeals in Palm Beach, Broward, Martin, St. Lucie, Indian River and Okeechobee counties.
The takeaway
Voters who want a say in appellate courts can review each judge's record before Nov. 3, 2026, since each retention vote is decided separately. Each vote is a single yes or no, so reading the ballot question for every judge is worthwhile.
What happens next
Voters will decide retention for all five Fourth District judges on Nov. 3, 2026, and results will determine whether each judge remains on the bench.
Further reading
For more on how judicial contests are decided, see Florida Elections.
Source note: This article includes information reported by The Tributary.
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