Two Florida Supreme Court justices have personal connections with two of the biggest legal fights in the state over control of Disney World development and abortion rights.
Justice Meredith Sasso is married to one of Gov. Ron DeSantis’ go-to guys in his culture war battle against Disney, a clash that could make it to the state Supreme Court.
Justice Charles Canady’s wife is a Republican state representative who co-sponsored a six-week abortion ban. The Supreme Court is hearing arguments on the abortion issue Friday.
Despite their personal ties, Florida’s judicial ethics code doesn’t require those justices to step aside, said Bob Jarvis, a law professor at Nova Southeastern University.
“There is no one that can police a Florida Supreme Court justice and tell them that they need to recuse themselves,” Jarvis said. “What we need is such an entity.”
The ethics code advises justices to avoid the “appearance of impropriety.” It also states judges should disqualify themselves if their “impartiality might reasonably be questioned,” including instances in which a judge’s spouse has an interest that could be affected.
When it comes to such potential conflicts, each justice makes the determination of whether to step aside, said former Justice James E.C. Perry, who served on the court from 2009-2016.
“They have absolute discretion and latitude,” he said.
Through a court spokesman, Sasso declined to comment on whether she’d disqualify herself from the Disney matter, saying that she is prohibited by judicial ethics and Florida law from discussing pending cases or cases that may come before the court.
Canady has made no effort to recuse himself in the abortion case, despite his wife’s political interest in the issue.
Spouses create potential conflicts
Justice Sasso’s husband, Michael A. Sasso, served as the vice chairman of the DeSantis-appointed Disney oversight board at the center of the Disney legal fight. He resigned on May 22, a day before DeSantis named his wife to the Supreme Court.
He’s a close friend of the district’s administrator, Glen Gilzean. Sasso served as best man at Gilzean’s wedding on June 30, according to Gilzean’s wedding website.
Justice Canady’s wife is state Rep. Jennifer Canady, R-Lakeland, and she has a stake in what happens with abortion in the courts.
The six-week abortion ban she sponsored hinges on the outcome of a court challenge to a less restrictive 15-week ban passed by the Florida Legislature last year.
The high court is hearing a challenge brought by Planned Parenthood and abortion providers. If the 15-week ban is upheld, then the six-week ban will take effect 30 days after the ruling.
Charles Canady was a staunch opponent of abortion when he served in the Florida House and Congress before becoming a judge.
Barbara Pariente, a former chief justice of the Florida Supreme Court, said at an event in June she thinks he should step aside because of his wife’s connection to the issue.
“I know Justice Canady to be of the highest ethics,” said Pariente, an appointee of former Democratic Gov. Lawton Chiles. “I cannot imagine himself not recusing himself from a bill that his wife co-sponsored.”
The state Supreme Court is solidly conservative with DeSantis appointing five of the seven justices.
Sasso on the Disney board
DeSantis turned to Micahel A. Sasso to help lead his push to remake a special district that provides government services to Disney World.
Sasso was one of five people DeSantis appointed in February to the Central Florida Tourism Oversight District’s Board of Supervisors, which replaced the Disney-friendly Reedy Creek Improvement District.
In a questionnaire submitted to the governor’s office, Sasso listed Gilzean as one of his references.
During his time on the Disney board, Sasso and other board members voted to sue Disney in state court, asking the courts to nullify the corporation’s development agreements with their predecessors.
He also voted to offer Gilzean, CEO of the Central Florida Urban League, the $400,000-a-year district administrator job. Sasso spoke highly of Gilzean during the May 10 board meeting.
“He will work late at night, early in the morning, on the weekends,” Sasso said. “So I pity all those who might have to be responsive to all the emails and text messages but expect a guy who is going to work 24/7.”
At the meeting, Sasso said he had the “opportunity to work with Mr. Gilzean” and has known him “for some time,” but he didn’t go into details about the extent of his friendship.
Sasso has filled a variety of posts for the governor. He serves on the Sixth District Court of Appeal Judicial Nominating Commission, which recruits, interviews and certifies judicial nominees. In addition, he is a member of the Valencia College District Board of Trustees and the Public Employees Relations Commission, which handles labor and employment disputes.
Sasso did not give a reason for stepping down from the Disney board in his resignation letter.
The development agreements are a central part of the state’s lawsuit against Disney. They grant Disney control over future development in Central Florida, but board members maintain they weren’t properly approved and are void.
That lawsuit is pending in Orange County circuit court, and the district is gearing up for a protracted legal battle.
One of the district’s lead lawyers is Alan Lawson, a former Supreme Court justice who retired in August 2022 at age 61. Earlier this year, he founded his own law firm, Lawson Huck Gonzalez.
The district’s hiring of a retired Supreme Court justice appears to be a calculated legal strategy with Lawson having a professional relationship with the court, said Dick Batchelor, a former Democratic state representative and political analyst.
“It is a very well orchestrated effort to pre-influence what will ultimately be a case appealed to the Florida Supreme Court,” he said.
Former justices typically don’t argue cases before the Supreme Court with most retiring late in their careers, but it is not prohibited by Florida law, Jarvis said.
Other justices have retired from the court and entered private practice, such as Raoul Cantero, who left the court in 2008.
Disney also has sued DeSantis, the Disney board and other state officials in federal court, alleging a “targeted campaign of government retaliation.”
U.S. District Judge Mark E. Walker recused himself in that suit, writing that a “relative within the third degree of relationship” owns 30 shares of Disney stock.
“Even though I believe it is highly unlikely that these proceedings will have a substantial effect on The Walt Disney Company, I choose to err on the side of caution — which, here, is also the side of judicial integrity — and disqualify myself,” Walker wrote.
The governor’s legal team pushed for recusal, citing incidents where Walker mentioned Disney in two previous cases. Walker, who was appointed by former President Barack Obama, fired back at the accusations of bias, calling the motion “nothing more than rank judge-shopping.”
He was replaced by Judge Allen Winsor, an appointee of former President Donald Trump.
