Senior Judge Pleus filed a petition for mandamus seeking to compel Gov. Crist to fill a vacancy on the Fifth District Court of Appeal. Judge Pleus resigned from the 5th DCA in January, nearly four months after informing the governor of his decision to leave the court. The Judicial Nominating Commission certified a list of nominees to the governor. However, the governor asked the JNC to consider other applicants so as to increase diversity on the court. The JNC recertified the same list of nominees; the governor has not appointed a new judge to fill the vacancy.