The Justice Network
Florida Courts in Crisis - Rick Scott Takeover
House wants to give Scott sole power to appoint judges
The Tampa Tribune
by William March
March 18, 2011
TALLAHASSEE A move to restructure the Florida court system, giving more power in choosing judges to Gov. Rick Scott, moved forward in the state House Thursday despite objections that the bills are an
attempt to take control of the state judiciary. "This is a very scary thing – we're supposed to have separation of powers," said Rep. Marty Kiar, D-Davie, during debate on one of three bills that
passed through a House committee Thursday. "These amendments are direct infringements on what's supposed to be a separate branch of government." Read more here
The Tampa Tribune, March 18, 2011
2011, 03-18-11, House wants to give Scot[...]
Adobe Acrobat document [52.8 KB]
Gov. Rick Scott Recent Appointments
Disbarred lawyer Scott Rothstein served on the 4th DCA Judicial Nominating Commission (JNC)
Scott and Kimberly Rothstein with Gov. Charlie CristGov. Charlie Crist suspended Rothstein from the Fourth District Court of Appeal Judicial Nominating Commission. Crist appointed Rothstein on Aug. 25, 2008, and four days later the lawyer gave $140,000 to the Republican Party of Florida. The Florida Bar also has removed Rothstein from a grievance committee that considers ethics and other complaints against lawyers.
Rothstein with Gov. CristRead Gov. Crist’s Executive Order of Suspension 09-264 removing Scott Rothstein from the Fourth District Court of Appeal Judicial Nominating Commission.
Scott Rothstein, The Florida Bar
Scott Rothstein, Fla lawyer scandal
November 24, 2009
rothstein-suspension.pdf
Adobe Acrobat document [107.6 KB]
Why Suspicions About Fla. Firm's Alleged Ponzi Scheme Weren't Voiced
Law.com: Why Suspicions About Fla. Firm's Alleged Ponzi Scheme
Weren't Voiced
Daily Business Review
by John Pacenti
December 07, 2009
Plenty of smoke surrounded attorney Scott Rothstein and his well-heeled Fort Lauderdale, Fla., law firm. But nobody called the fire department until it was too late.
The worst-kept secret in the South Florida legal community this fall was that the firm Rothstein Rosenfeldt Adler spent more money on payroll than it had coming in the door. The firm spent three
times more on advertising than the three biggest firms combined in South Florida.
"Obviously, that business model didn't work," said Florida Bar president Jesse Diner, a Fort Lauderdale attorney with Atkinson Diner Stone Mankuta & Ploucha. "A lot of it didn't make
sense."
Chuck Malkus, who runs Malkus Communications Group in Fort Lauderdale, served on the board of the charity Neighbors 4 Neighbors, which refused to accept a Rothstein donation.
"This was building up for over a year, and many of us believe this is just the tip of the iceberg," Malkus said. "I wish I picked up the phone and called the FBI." Read more on the Justice Network
Law.com, by John Pacenti, 12-07-2009
2009, 12-07-09, Why Suspicions About Fla[...]
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Florida Judicial Nominating Commission, Wikipedia
The Florida Judicial Nominating Commissions are 26 separately constituted bodies responsible for providing the governor of Florida with a list of possible appointments
to the various state courts (the Florida Supreme Court, the five Florida District Courts of Appeal, and the twenty Florida Circuit Courts). These commissions are required under Article V of the
Florida Constitution.
Is the Integrity of Florida's Judicial Nominating Process in Question?
Civic Concern
Over the last month, the drama played out over the most recent nomination to the Florida Supreme Court has sparked sharp criticism of the judicial nominating process.
Florida's judicial nominating process requires judicial nominating commissions (JNCs) to review applications, interview applicants and submit a list of names to the Governor from which the Governor
must choose an appointee. In an unprecedented move last month, Governor Charlie Crist responded to a list of potential Supreme Court appointees by requesting that the JNC reconvene and add additional
names, specifically citing his concerns over the list's lack of diversity.
While legal analysts questioned whether the Governor was permitted to take such an action, the JNC held a contentious meeting, voted to suspend its own rules, held a private meeting, then voted to
add a single name to their list, Frank Jimenez, a politically connected, highly ideological lawyer who previously served in former Governor Jeb Bush's administration. In the end, Governor Crist
appointed Jorge LaBarga, a Cuban-American Palm Beach County judge whose name was on the original list submitted by the JNC.
The episode has raised serious concerns about the politicization and partisanship of the current structure of Florida's judicial nominating process, and respected commentators, including former
Governor and U.S. Senator Bob Graham, have questioned the integrity of the system. Read more here
on Civic Concern
CIVIC Concern_ Is the Integrity of Flori[...]
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13th Circuit JNC - Judicial Nominating Commission
2012 - Thirteenth Circuit JNC, Hillsborough Co., Florida
Gov. Scott letter Mar-26-2012
Oppose Ryan Christopher Rodems for judge[...]
Adobe Acrobat document [374.4 KB]
Gov. Scott letter Mar-21-2012
Oppose Ryan Christopher Rodems for judge[...]
Adobe Acrobat document [2.2 MB]
(redacted) county judge, Jan-10-2012
Ryan Christopher Rodems, 13th Circuit JN[...]
Adobe Acrobat document [2.2 MB]
March 6, 2012 by Edward W. Gerecke, Chair
2012, 03-06-12, Nominations, County Cour[...]
Adobe Acrobat document [16.4 KB]
March 2, 2012 by Edward W. Gerecke, Chair
2012, 03-02-12, Candidate Interviews, Co[...]
Adobe Acrobat document [17.4 KB]
February 2, 2012 by Edward W. Gerecke, Chair
2012, 02-02-12, Applicants, County Court[...]
Adobe Acrobat document [17.2 KB]
January 9, 2012 by Edward W. Gerecke, Chair
2012, 01-09-12, Announcement, County Cou[...]
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2010 - Thirteenth Circuit JNC, Hillsborough Co., Florida
Success! Chris A. Barker Gone as Vice-Chair of the 13th Circuit JNC, Stopped from becoming Chair
Mr. Edward W. Gerecke advanced to the position of Chair instead of Mr. Barker. The Vice Chair is now S. Cary Gaylord.
A list of members, 13th Circuit JNC.pdf
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2010, 08-31-10, announcement, county cou[...]
Adobe Acrobat document [17.1 KB]
2010, 09-21-10, list of applicants, vaca[...]
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2010, 10-14-10, candidates announced, va[...]
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2010, 10-26-10, nominations announced, v[...]
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13th Circuit JNC interviews June 15, 2010, Tampa, FL
13th Circuit JNC Interviews, June 15, 2010, Tampa, Florida
Applicants to the Judicial Nominating Commission (JNC) for vacant judicial seats are not accountable to the public as they would be during elections for the same
judicial offices.
The Florida Constitutions requires that whenever a vacancy occurs in a judicial office the governor shall fill the vacancy by appointment from a list of not fewer than three persons nor more than six
persons nominated by the appropriate judicial nominating commission.
This video shows applicants to the 13th Circuit JNC refusing to answer voluntary follow-up questions after their mandatory interview with the JNC. Gov. Charlie Crist convened the 13th Circuit JNC to
fill the circuit court vacancy created when he appointed the Honorable Anthony Black to the Second District Court of Appeals.
Filmed June 15, 2010 at the Law Offices of Bajo Cuva, PA, Tampa, Florida. Produced by Neil Gillespie for the Justice Network.
Would you like this garbage can moved closer in case you have the baby?
I witnessed the following while attending a Judicial Nominating Commission (JNC) interview in Tampa June 15, 2010 as a civilian observer. This was the 13th Circuit
JNC, Hillsborough County, Florida. One commission member asked an applicant for judge if the applicant had seen any behavior from a judge in court that was unprofessional.
The applicant responded that a judge said to a woman who was obviously pregnant and about to give birth, words to the effect "Would you like this garbage can moved closer to you in case you have the
baby?" The judge was referring to a trash can in the courtroom.
The JNC asked this question of a number of applicants. Some applicants responded with examples of judicial misconduct. Others applicants were evasive or brushed-off the question. My notes show that
applicants who described bad behavior by judges to the JNC were nominated at a rate lower than applicants who did not describe bad behavior by judges to the JNC. Initially I dismissed this as
coincidence.
But in hindsight, and with the benefit of subsequent information, in my opinion it is possible that this question is used as a screening tool to eliminate applicants critical of sitting judges, to
ensure that nominees, if appointed, will be team players and look the other way if they see another judge engage in misconduct.
Read the email between JNC Chair Pedro Bajo and Neil Gillespie discussing the ‘garbage can’ comment, provided below in PDF.
2010, 07-01-10, email, Pedro Bajo to NJG[...]
Adobe Acrobat document [43.0 KB]
Here are some other responses to the question:
Applicant "B" noted an instance in traffic court where a pro se litigant was "destroyed" by clearly inadmissible evidence from law enforcement, and that a judge should step in for pro se litigants
where appropriate.
Applicant "C" noted some judges willfully embarrass lawyers in open court, ask to see their bar card, or inquire where they went to law school.
Applicant "D" complained about angry judges "yelling" at participants during litigation.
Sen. J.D. Alexander, pay Florida judges bonuses
Sen. J.D. AlexanderSen. J.D. Alexander suggests paying Florida judges
bonuses to hear more cases
Times/Herald Tallahassee Bureau
By Steve Bousquet
March 23, 2011
An incentive plan for trial court judges to speed up their dockets gets a hostile reception
TALLAHASSEE - As Florida courts groan under the weight of heavy case backlogs, a powerful senator is suggesting a highly controversial remedy: paying judges more money to hear more cases. Republican
Sen. J.D. Alexander, the influential budget chairman from Lake Wales, wants to pay trial court judges up to an additional $12,000 a year if they meet specific numerical quarterly performance goals.
The extra money would be dished out in $3,000 increments. Read more
Hillsborough FL Judges Work Part-time, Get Full Pay
Some Hillsborough Co., Florida judges apparently only work part-time hours while collecting a full-time salary of $142,178 plus benefits. This came to my attention June 15, 2010 during the 13th Circuit Judicial Nominating Commission (JNC) interviews to fill the vacancy created when Judge Black was appointed to the 2dDCA. I attended the interviews as a nonlawyer observer. The JNC interviews are open to the public. The JNC was so concerned about judicial workloads that applicants were specifically asked what hours they planned to keep if appointed.
Applicant Ryan Christopher Rodems (left) described to the JNC criticism he heard about Hillsborough judges leaving court early on Fridays. The situation was so
pervasive, Rodems told the JNC, that one could "fire a bullet" in the Hillsborough courthouse it was so empty. On the left is Rodems’ photograph submitted with his application for judge. The photo is
not recent and looks about ten years old. (Rodems is heavier and balding now)
Read the email between JNC Chair Pedro Bajo and Neil Gillespie discussing Rodems’ "fire a bullet" comment, provided below in PDF.
2010, 07-05-10, email, Pedro Bajo to NJG[...]
Adobe Acrobat document [44.7 KB]
2010, 08-10-10, NJG to Rick Figio, bette[...]
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2010, 08-03-10, NJG to Rick Figio, bette[...]
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2010, 07-28-10, NJG to Rick Figlio, re J[...]
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2010, 07-22-10, NJG to Mr. Bajo, re Rule[...]
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2010, 07-22-10, NJG to Rick Figlio, re J[...]
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2010, 07-19-10, NJG to Rick Figlio, re J[...]
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2010, 07-12-10, Rick Figlio, reply to NJ[...]
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2010, 06-29-10, NJG response to Rick Fig[...]
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Chief Inspector General Case #201003040004 June 2010
UPDATE June 25, 2010
The Chief Inspector General has concluded its investigation into my complaint against Mr. Barker with a finding of "unfounded" and the following recommendation:
"It is recommended that the Commission consider expanding the current practice of disclosing conflicts of interest and obtaining recusals from the process to include a written disclosure and written
documentation of the recusal for each selection process."
The only member of the Thirteenth Circuit JNC to agree with me that Mr. Barker's recusal due to his potential conflict of interest has brought discredit to the JNC was Ms. Barbara Wilcox. This is
from the report:
"When asked if she believed that Mr. Barker's recusal due to his potential conflict of interest has brought discredit to the Thirteenth Judicial Nominating Commission, Ms. Wilcox said "yes" adding
that it was starting to look that way."
Ms. Wilcox is a civilian non-lawyer member of the JNC.
Read the report here.
Chief Inspector General Case 20100304000[...]
Adobe Acrobat document [2.2 MB]
UPDATE June 2, 2010
Mr. Pedro F. Bajo, Jr., Esq., Chair of the 13th Circuit JNC, confirms that vice chair Chris Barker once again recused himself from the JNC process, as his law
partner Ryan Rodems has applied for the circuit court vacancy of Judge Black.
Because of this ongoing conflict, Mr. Barker has not been able to attend fully to the duties of JNC commissioner to which he was appointed. This leaves the 13th Circuit JNC short of the nine members required by law. Mr. Barker has been unable to serve for 2009 and 2010.
UPDATE May 14, 2010
Mr. Pedro F. Bajo, Jr., Esq., Chair of the 13th Circuit JNC, confirms that vice chair Chris Barker once again recused himself from the JNC process, as his law
partner Ryan Rodems has applied for the county court vacancy of Judge Huey.
Because of this ongoing conflict, Mr. Barker has not been able to attend fully to the duties of JNC commissioner to which he was appointed. This leaves the 13th Circuit JNC short of the nine members required by law. Mr. Barker has been unable to serve for 2009 and 2010.
JNC Complaint
Ryan Christopher Rodems wants to be a judge. It is a several-year ambition according to his applications for judge. (question #53). His law partner Chris A Barker
applied to become a commissioner on the 13th Circuit JNC. When Mr. Barker applied he knew his close friend and law partner Mr. Rodems wanted to become a judge. That would create a substantial
conflict if Mr. Rodems applied to the 13th Circuit JNC, but Mr. Barker failed to disclose this conflict on his questionnaire.
Question #29 on Mr. Barker’s questionnaire asked, "Do you know of any reason why you will not be able to attend fully to the duties of the office or position to which you have been or will be
appointed?" Mr. Barker responded "no". After he was appointed, Mr. Barker has not been able to serve for more than a year due to the conflict with Mr. Rodems, who applied for every
vacancy.
In 2008 Mr. Rodems applied for vacancies in the 10th Circuit JNC where his family lives and he was raised. Mr. Rodems discusses this on his application, question
#53:
"In early 2008, a circuit vacancy occurred in Polk County. My parents still live in the same neighborhood where I grew up, and I still have-many friends and clients in Polk County. I believed it was
the right time in my career to pursue a judicial appointment. I was proud to be nominated by the JNC in Polk County for each of the three circuit vacancies in 2008. I interviewed with Governor Crist,
and I received positive feedback, including from the Governor's General Counsel and legal staff. The Governor appointed three county court judges to fill the circuit vacancies, and the Governor's
General Counsel encouraged me to continue to pursue judicial appointment. Several members of the Governor's legal staff discussed the issues posed by appointing applicants from outside a circuit, and
they suggested that I apply in the circuit where I lived and practiced."
So Mr. Rodems has a built-in excuse for applying to the same JNC where his friend and law partner is the Vice-Chair - the Governor's legal staff suggested that he apply in the circuit where he lived
and practiced.
Mr. Rodems has practiced law with Mr. Baker in the 13th Judicial Circuit for most of his career, initially with the Jonathan Alpert firm, and with his own firm
Barker, Rodems & Cook since 2000.
On December 22, 2009 while searching the website of the 13th Judicial Circuit for a remedy to the ongoing misconduct of Mr. Rodems in my lawsuit with his firm, I found information about the vacancy
created by the retirement of Judge Raul C. Palomino, Jr., the application of Mr. Rodems for the vacancy, and Mr. Barker’s position on the JNC.
January 15, 2010 I made a complaint, with an addendum January 19, 2010. After meeting with the 13th Circuit JNC Chair Mr. Bajo February 24, 2010 I withdrew my complaint against him March 3, 2010. The
following day General Counsel Rob Wheeler announced the complaint against Mr. Barker would be investigated by the Chief Inspector General.
Client-turned-adversary accuses Tampa law firm of conflict in judicial bid
Colleen JenkinsClient-turned-adversary accuses Tampa law firm of
conflict in judicial bid
St. Petersburg Times
By Colleen Jenkins
January 22, 2010
TAMPA - Chris Rodems wants to be a judge. In the past year, he has applied for five openings on the Hillsborough County bench.
One of his law partners and close friends, Chris Barker, is vice chairman of the commission that has considered Rodems' applications and nominated him for several of the positions.
Is that a conflict of interest?
Neil Gillespie thinks so. The former Tampa Bay area resident, who is involved in a lengthy legal dispute with Barker and Rodems' law firm, filed a complaint this month with the Governor's Office. He
argues, among other things, that Barker's position gives his law partner an unfair advantage.
But Barker and Pedro Bajo Jr., chairman of the 13th Circuit Judicial Nominating Commission, said they've taken steps to avoid even the appearance of impropriety.
Each time Rodems has applied, Barker - one of nine commission members - has not participated in any interviews, deliberations or votes involving his law partner or has recused himself from the entire
nominating process.
"We all know several of the applicants in some fashion," Bajo said. "So the question is, does it create a conflict or not create a conflict? We try to bend over backwards to make sure any perceived
conflicts are addressed appropriately."
The commission vets the candidates and recommends a short list to Gov. Charlie Crist, who makes the final decision. "Just as I don't have the JNC in my pocket, I definitely don't have him," Barker
said. Read more on the St. Pete Times, and the
comments too
Colleen Jenkins is a courts reporter in Tampa. She writes about judges, lawyers,
criminal and civil cases and anything else that goes on at the courthouse.
PDFs of the complaint & related documents
2010, 01-15-10, JNC Complaint to Gov.Cri[...]
Adobe Acrobat document [970.0 KB]
2010, 01-19-10, Addendum to Jan-15-10 JN[...]
Adobe Acrobat document [817.4 KB]
2010, 03-03-10, NJG to JNC withdrawal co[...]
Adobe Acrobat document [460.6 KB]
2010, 03-04-10, email, Rob Wheeler, inve[...]
Adobe Acrobat document [9.3 KB]
2010, 03-15-10, email, S Cary Gaylord, s[...]
Adobe Acrobat document [77.6 KB]
2010, 03-17-10, NJG to Rob Wheeler, BRC [...]
Adobe Acrobat document [527.4 KB]
2010, 04-10-10, NJG to S Cary Gaylord, h[...]
Adobe Acrobat document [523.6 KB]
2010, 04-13-10, reply, S Cary Gaylord, e[...]
Adobe Acrobat document [79.5 KB]
2010, 04-20-10, NJG to S Cary Gaylord, i[...]
Adobe Acrobat document [277.3 KB]
2010, 04-23-10, reply of S Cary Gaylord [...]
Adobe Acrobat document [80.0 KB]
PDF’s of applications, vacancies & JNC members
2007, 07-11-07, JNC application, Chris A[...]
Adobe Acrobat document [596.9 KB]
2007 financial disclosure, Chris Barker,[...]
Adobe Acrobat document [229.3 KB]
2008 financial disclosure, Chris Barker.[...]
Adobe Acrobat document [138.7 KB]
2008, 04-28-08, Barker Appointment Lette[...]
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2009, list of commission members, 13th C[...]
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2009, 11-13-09, County Court vacancy ann[...]
Adobe Acrobat document [15.6 KB]
2009, 11-17-09, application of Mr. Rodem[...]
Adobe Acrobat document [3.3 MB]
2009, 12-09-09, County Court applicants.[...]
Adobe Acrobat document [15.0 KB]
2010, 01-04-10, application of Mr. Rodem[...]
Adobe Acrobat document [3.2 MB]
2010, 04-08-10, county court vacancy, 13[...]
Adobe Acrobat document [15.7 KB]
2010, 04-09-10, APPLICATION of Mr. Rodem[...]
Adobe Acrobat document [4.0 MB]
2010, 04-27-10, vacancy announced, 13th [...]
Adobe Acrobat document [16.0 KB]
2010, 05-05-10, applicants, 13th Circuit[...]
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2010, 05-18-10, JNC interview schedule, [...]
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2010, 05-19-10, list of applicants for c[...]
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2010, 05-21-10, list of applicants for c[...]
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2010, 05-28-10, nominations announced fo[...]
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2010, 05-28-10, JNC interview schedule, [...]
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2010, 06-17-10, nominations sent to Gov.[...]
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An Overview of JNC Law
The Florida Constitutions requires that whenever a vacancy occurs in a judicial office the governor shall fill the vacancy by appointment from a list of not fewer
than three persons nor more than six persons nominated by the appropriate judicial nominating commission. (Article V, Judiciary, Section 11, Vacancies)
The Florida Constitution provides for a separate judicial nominating commission for the supreme court, each district court of appeal, and each judicial circuit for all trial courts within the
circuit. Uniform rules of procedure are established by the judicial nominating commissions at each level of the court system. Except for deliberations of the judicial nominating commissions, the
proceedings of the commissions and their records are open to the public.
Each judicial nominating commission is composed of nine members. (Article V, Judiciary, Section 20(5)). Composition of the JNC is further regulated by section 43.291, Florida Statutes, Judicial
nominating commissions. The JNC’s have their own Uniform Rules of Procedure. The Florida Bar wants to return to earlier rules. The earlier rules are discussed in Merit Selection and Retention: The
Great Compromise? Not Necessarily, by Ms. Victoria Cecil Walker.
JNCs: Return to the Way We Were
Jesse H. DinerJNCs: Return to the Way We
Were
The Florida Bar Journal
by Jesse H. Diner
March, 2010 Volume 84, No. 3
More independent. Less political.
That crucial combo had guided appointments to Florida’s judicial nominating commissions and had worked well for nearly three decades — until Gov. Jeb Bush decided to exercise more control in
2001.
I strongly favor restoring the JNC process to the way it was before 2001 and the way Florida voters originally intended.
Here’s a brief history:
In 1972, Florida voters were given an opportunity to vote on a complete revision of article V of the Florida Constitution. One of the amendments to article V was the creation of judicial nominating
commissions that would supply a list of qualified names to the governor to fill interim judicial vacancies on county, circuit, and appellate courts.
In this tried-and-true system, the governor named three members of each JNC, none of whom were required to be lawyers. The Florida Bar named three lawyer members. Then, by a majority vote, those six
members named the remaining three members, all lay people. So, there were three appointing authorities to each JNC.
That original JNC process was set up to depoliticize the judicial appointment process and underscored our founding fathers’ wisdom that an independent and impartial judiciary serves as the vital
check and balance on the other two branches of government.
But in 2001, the Legislature, heeding the wishes of the governor, put in place our current system that tips the scales toward a more politicized process. We went from three appointing authorities to
one: the governor.
Now, the governor has the final choice on all nine members of Florida’s 26 separate JNCs, by naming five members outright and also wielding the power to reject the Bar’s remaining four nominees as
many times as the governor wishes.
At the time of this drastic change in law, there was some relief that at least it wasn’t the original House bill that had sought to purge the Bar from the JNC process altogether and hand over all
power to an elected governor.
But while the Bar is still involved in the JNC process, our limited role is by way of our Judicial Nominating Procedures Committee, devoted to upholding the integrity and striving to improve the
judicial nominating process.
The statutory changes made in 2001 gave the governor the sole responsibility for appointments to each JNC, appointments to the bench from the JNC, and investigating alleged JNC misconduct.
While the selection process was never totally depoliticized even under the old system, nor is any system perfect, the prior method appeared less subject to legitimate criticism we have seen and heard
over the last few years.
There have been charges that judicial candidates have been asked inappropriate and political questions. There’s been concern that the JNC process has lost its nonpartisan, independent nature,
resulting in fewer applicants to serve on JNCs or on the bench, because they were from the wrong political party.
Last year, the JNC process was litigated at the Florida Supreme Court, when Gov. Charlie Crist and the Fifth District Court of Appeal JNC were at a stalemate. The Fifth DCA JNC had sent six names to
the governor to replace Judge Robert Pleus, Jr., who had reached the mandatory retirement age. But Gov. Crist returned the list, asking the JNC to reconsider because he wanted more diversity, noting
that two apparently qualified African-American candidates had applied, but were not nominated.
The Fifth JNC refused, with members saying they had chosen the most qualified applicants, and there was no constitutional authority for them to reopen deliberations. Crist refused to fill the
vacancy, and Pleus filed for writ of mandamus asking the high court to order Crist to fill the vacancy. On July 2, 2009, the unanimous court noted "the absence of any language granting the governor
authority to reject the JNC’s certified list of nominees or to extend the time in which the appointment for judicial office must be made."
In finding for Pleus, the court withheld issuing the mandamus writ, believing that Crist would comply with the court’s opinion, and he did. On August 4, 2009, Crist appointed 18th Circuit Judge Bruce
Jacobus to the Fifth DCA.
On that legal challenge, the Florida Senate Judiciary Committee issued a September 2009 report that noted that the Supreme Court’s Pleus opinion "emphasized that the origin and purpose of article V,
section 11, was to place restraints on the governor’s appointment power and to strengthen the nonpartisan selection of the judiciary."
This is not a Republican or Democratic, conservative or liberal issue, but a cry to maintain a fair and independent judiciary.
I think we should return to the JNC process voted on by the people of Florida in 1972 that has a proven track record of working well.
I think we should give a great gift to the people of Florida — and return to them an important judicial nominating process that was not broken in the first place.
2010, March, Florida Bar Journal, JNC's,[...]
Adobe Acrobat document [44.3 KB]
by Ms. Victoria Cecil (Walker), author, Stetson University College of Law in St. Petersburg, Florida
Ms. Victoria Cecil (Walker), author, Stetson University College of Law in St. Petersburg, Florida
Court Review, Volume 39, Issue 3 - Merit[...]
Adobe Acrobat document [137.1 KB]
Uniform Rules of Proceedure JNC, amended[...]
Adobe Acrobat document [28.4 KB]
Florida Supreme Court rules in Pleus v. Crist, Case No. SC09-565 (Fla. July 2, 2009)
Florida Supreme Court Casewatch
The Florida Supreme Court issued its opinion in Pleus v. Crist, Case No. SC09-565 (Fla. July 2, 2009)
The unanimous opinion, authored by
Justice Labarga, grants a Petition for Writ of Mandamus filed by retired Fifth District Court of Appeals Judge Robert J. Pleus, Jr. Judge Pleus sought a writ of mandamus requiring Governor Crist to
appoint his successor to the Fifth District. The Judicial Nominating Commission ("JNC") submitted a list of six nominees to the Governor, who rejected the list because of its lack of diversity. The
Governor requested the JNC reconvene and consider the application of three African-Americans who had applied to fill the vacancy; the JNC met to consider the Governor's request and resubmitted the
original list of nominees to the Governor. The Governor has not filled the vacancy.
The Florida Supreme Court ruled that the plain language of Article V, Section 11(c) of the Florida Constitution mandates that the Governor, upon receipt of the certified list of nominees from a JNC,
make an appointment from that list within 60 days to fill the judicial vacancy. The Court noted the absence of any language in that provision granting the Governor the authority to reject the JNC's
certified list or to extend the time in which the appointment must be made. The Court granted the Petition, but withheld issuance of the writ.
Adobe Acrobat document [111.9 KB]
NAACP Amicus Curiae Brief, Robert J Pleus, Jr. vs. Governor Crist, Case No. SC09-565, Supreme Court of Florida
Adobe Acrobat document [277.7 KB]
Lawyer group blasts JNC's Jimenez pick
The Buzz
From the staff of the St. Petersburg Times
December 23, 2008
The Judicial Nominating Commission ''ran afoul of Florida law'' and appeared to bow to political pressure when it nominated Miami lawyer Frank Jimenez for the Florida Supreme Court, a group of
high-powered lawyers complained in a strongly worded letter Monday.
Jimenez, a politically connected attorney who is currently the U.S. Navy's general counsel, was nominated for the seat Wednesday after a long and contentious JNC meeting called in response to Gov.
Charlie Crist's request for more ''diversity'' in the list of prospective justices. Amid frequent 5-4 votes, the commission suspended its rules at times as some members questioned what they were
doing and what Crist's motives were.
''We are very concerned that the integrity of the process with respect to the nomination and selection of justices and judges may be tainted in the eyes of the public,'' said the letter to JNC
chairman Robert Hackleman. It was signed by 17 attorneys, including former Florida Bar President Kelly Overstreet-Johnson, Wayne Hogan, two former Fifth District Court of Appeal judges and state Sen.
Alex Villalobos, R-Miami, and his father, José.
Panel clears First DCA JNC
The Florida Bar Journal
By Gary Blankenship, Senior Editor
March 1, 2001
A First District Court of Appeal Judicial Nominating Commission member who asked tough questions of a judicial applicant has been cleared of charges she went too far by a special investigating
panel.
The panel, in a report released February 8, also recommended that all JNCs follow the practice of bringing any negative information they have to the attention of an applicant during interviews. If
the applicant isn't given a chance to respond, then the information shouldn't be used in commission deliberations, the panel advised.
Bar President Herman Russomanno appointed the special Panel of Inquiry after Ted Hires, Sr., of The Justice Coalition, based in Jacksonville, filed a complaint. He alleged that Commissioner Elizabeth
White had a conflict of interest and that her question of applicant Scott Makar brought discredit on herself and the JNC process.
Russomanno, in accepting the panel's report, endorsed its recommendation that JNCs adopt a uniform policy for dealing with negative information. He also called for a hotline so JNC members can call
and seek advice from experienced commissioners. Read more here on the Florida Bar Journal
Section 43.291, Florida Statutes, Judici[...]
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Constitution Of The State of Florida
Constitution Of The State of
Florida
As Revised in 1968 and Subsequently Amended
The Constitution of the State of Florida as revised in 1968 consisted of certain revised articles as proposed by three joint resolutions which were adopted during the
special session of June 24-July 3, 1968, and ratified by the electorate on November 5, 1968, together with one article carried forward from the Constitution of 1885, as amended. The articles proposed
in House Joint Resolution 1-2X constituted the entire revised constitution with the exception of Articles V, VI, and VIII. Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and
elections. Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as
amended.
Sections composing the 1968 revision have no history notes. Subsequent changes are indicated by notes appended to the affected sections. The indexes appearing at the beginning of each article, notes
appearing at the end of various sections, and section and subsection headings are added editorially and are not to be considered as part of the constitution.
PREAMBLE
We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure
domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.
Read the full Florida Constitution here at Online Sunshine, the Official Internet Site of the Florida Legislature
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