Florida's Court Appointments and the current JNC process- does it need revamping?
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It’s not often that Republicans “go to bat” for the cause of diversity. It’s quite possible that, that may be the reason for Gov. Crist’s recent defeat at the Florida Supreme Court.
In an action by former Judge Pleus, Gov. Crist was extremely and constitutionally, late in appointing a replacement judge for Florida’s 5th District Court of Appeals (He has yet to do so after 6 months). Crist's reason? Diversity. Under Article V of the Florida Constitution Gov. Crist had a maximum of 60 days to approve and appoint a nominee from the Judicial Nominating Commission. The initial list was rejected by Crist, citing lack of diversity as the reason for the denial. The commission then refused to issue another list and the political stalemate stood.
In its recent decision the Florida Supreme Court acknowledged and commended Crist’s noble efforts but added that the rules of the Florida Constitution are clear. The governor was seeking to circumvent the commission which is predominantly comprised of members he appointed. By doing so, under the guise of diversity, it may seem suspect to some. Regardless, the constitutional timetable was violated and Crist now has to act.
So why all the hype if this is a mere error in procedure? Well it’s a strange error considering Crist’s predecessor former Gov. Jeb Bush made it easy as possible to appoint judges. Under the Florida Constitution:
Each judicial nominating commission shall be composed of the following:
a. Three members appointed by the Board of Governors of The Florida Bar from among The Florida Bar members who are actively engaged in the practice of law with offices within the territorial jurisdiction of the affected court, district or circuit;
b. Three electors who reside in the territorial jurisdiction of the court or circuit appointed by the governor; and
c. Three electors who reside in the territorial jurisdiction of the court or circuit and who are not members of the bar of Florida, selected and appointed by a majority vote of the other six members of the commission.
But as the Justice Journal System reported, in 2001 then-Governor Bush and the Republican controlled legislature put into effect law that changed what the State Constitution controlled...
Under the modified merit selection system that was adopted, the governor has nearly total control in shaping the entire membership of the JNCs. The governor now has the authority to appoint four members of the Florida Bar to each JNC from a list of names submitted to him by the Board of Governors of the Florida Bar but may also reject those nominees and request that the Board resubmit another list. The governor appoints the other five members of each JNC and at least two of those appointees must be lawyers. The result is that Florida's judicial selection process has shifted away from the collaborative bar-governor process, which has been the hallmark of merit selection, to a system closer to a gubernatorial appointment process.
So what we have is an attempt to push the envelope further. Crist would like to be able to just outright bypass the JNC’s. But the issue of judicial diversity doesn’t just end at the “bold” Governor denying a list (he in part created) in the name of women and racial minorities’ rights.
Pleus’ attorney, Talbot "Sandy" D'Alemberte is the former President of Florida State University. His position is that the goal of diversity on the bench, start with the JNCdoesn't't’s, whichJNC doesn't are for the most part controlled by the Governor himself. In theory, a more representative commission will produce a more representative judiciary. With only a year left, Gov. Crist will hopefully take the advice of Mr. D’Alemberte and build from the ground-up.