Gainesville Attorney Encourages “No” Vote on Judge Lewis Retention Over Support of Mask Mandates During COVID-19

On October 21, the Suwannee County Republican Party posted a message from Gainesville attorney Jeff Childers regarding the retention vote on Appellate Judge Joseph Lewis Jr. 

The statement appears to originate from Childers' newsletter, "Coffee and Covid News."

Under Florida law, appellate judges are appointed by the governor and voters decide if they get to remain on the bench every six years, or alternatively the first general election if it falls at least a year after their initial appointment. Lewis was appointed by Governor Jeb Bush in 2000.

Childers encouraged a "No" vote on Lewis' retention. Childers cited Lewis favoring the Alachua County government on a lawsuit that he filed to challenge their mask requirements during COVID-19. According to a CBS news article on the case, “The majority stopped short of declaring the Alachua County requirement unconstitutional but sent the case back to the lower court for reconsideration. Judge Joseph Lewis, in a 15-page dissent, sharply criticized the majority decision..."

Childers also legally challenged the mask mandates in Alachua County Public Schools and vaccine requirements at the City of Gainesville.

According to the Tallahassee Democrat, Lewis has "contributed extensively to bar, civic, and pro bono legal organizations."

Lewis is one of the longest serving appellate judges and he is the only Black judge on the Florida appeals bench.

According to the website "bluevoterguide.org", the Jefferson County Democrats have recommended a "No" vote to Lewis' retention, along with other judges facing retention in the Florida First District Court of Appeal (1 DCA).

GnvInfo reached out to the Jefferson County Democrats to ask why they believe Lewis should be removed from the bench, but they haven't responded. The anti-endorsements are consistent with guidance issued by the Florida Rising.

Florida Rising, a nonprofit that primarily supports the left, has published a video where Senior Director of Policy and Research at the organization, Letitia Harmon, alleges that "every single" Florida appellate judge has ties to the right-wing Federalist Society. While many judges are connected to the Federalist Society, especially in more recent years, the video does not detail the "ties" that "every single" individual judge allegedly has.

Lewis' judicial bio contains no information indicating any affiliation with the Federalist Society.

Lewis' "ties" to the Federalist Society include him potentially attending a reception they co-hosted over a decade ago, a search of the organization's website shows. The Federalist Society invited Lewis, among others, to a reception commemorating outgoing chief judges (he was a chief judge at the time). The invitation was jointly sent by the Labor and Employment Law Section of the Florida Bar, which co-hosted the event with the Federalist Society. GnvInfo hasn't independently verified if Lewis accepted the invitation, and no further information linking him to the organization has been found.

Unlike Lewis, the Federalist Society specifically identifies other 1 DCA judges who are up for retention as contributors. This includes judges Rachel Nordby, L. Clayton Roberts, Timothy Osterhaus and Raymond Treadwell.

Roberts was appointed by Governor Charlie Crist in 2007. Osterhaus was appointed by Governor Rick Scott in 2013. Norby was appointed by Governor Ron DeSantis in 2019. Treadwell was appointed by DeSantis in May 2025.

According to the Federalist Society website, "contributors" are individuals who have "spoken or otherwise participated in Federalist Society events, publications, or multimedia presentations. A person's appearance on this list does not imply any other endorsement or relationship between the person and the Federalist Society."

GnvInfo reached out to the Florida Rising for a response. Deputy Communications Director Sergio Otálora Montenegro issued the following statement:

"Our statement that all appellate court judges in Florida have ties to the Federalist Society is accurate. Some are members, and some have condoned it by participating in events like the one that you have noted. 

Regardless, the logic behind a 'No' vote on Judge Lewis and our Sweep the Bench campaign more broadly is that Florida’s courts have overwhelmingly enabled, not checked, an executive and legislature controlled by one party since the late 1990s. They have also gone without public, organized scrutiny for decades. 

Judge Lewis has served since 2001 and, to our knowledge, has never faced an opposition campaign. Like any other questions voters face, how to weigh these factors is a judgment call. 

Retention votes almost never carry consequences, so we believe a 'no' vote on Florida appellate judges up for retention is an important signal that voters are paying attention, which is good for a healthy democracy."

Harmon also published an opinion article on judicial retention. The article states the Florida Rising "hired a researcher who is a member of The Florida Bar to evaluate all 22 appellate judges up for merit retention..." The article doesn't clarify who the researcher is.

According to the article, "Florida Rising evaluates judicial candidates using five criteria: diversity, qualifications, fairness, independence from political influence and alignment with our commitment to social, racial and economic justice. Taken together, the records pointed to a larger pattern — a judiciary increasingly shaped by political and ideological networks rather than a process that consistently produces public confidence in judicial independence. That is why Florida Rising recommends a 'no' vote on all 23 retention seats and is launching Sweep the Bench."

GnvInfo reached back out to Otálora Montenegro to request the researcher's name and copies of referenced records. As of this writing, there has been no response.

There appears to be a link to the research in a blog post by Harmon but the Google Drive folder is not publicly accessible. GnvInfo requested access but it has not been granted.

GnvInfo reached out to the Federalist Society for comment but received no response.

While Lewis favored the Alachua County mask mandates, he also favored charter schools in a legal battle against the Florida Department of Education, upholding a law that diverts a portion of property taxes from district schools to charter schools.

In another case, Lewis authored a 2-1 majority decision that barred a Republican from the ballot because her qualifying check was returned by their bank, leading to a missed deadline. Lewis acknowledged the move was harsh but affirmed that it was necessary under the law.

Lewis was a part of a majority decision to overturn the racketeering conviction of former Jackson County Sheriff Deputy Zachary Wester after he planted drugs in vehicles. Lewis and author Judge M. Kemmerly Thomas did not condone Wester's conduct but held that the count of racketeering was inappropriate because Wester acted alone. They affirmed Wester's other convictions.

Cohorts of Republicans and Democrats will likely vote against Lewis, but it's unclear if the anti-endorsements will amount to a significant enough opposition campaign to un-seat him. No judge has ever lost retention in Florida, so historical precedent is in his favor.