Florida uses a complex system of nominating commissions to place judges on the bench. But some critics say it’s failing to reflect the diversity of the broader population.
Florida’s judicial system carries a number of checks aimed at protecting impartiality. Elections at the county and circuit level are nonpartisan. Nominating commissions at the appellate and Supreme Court level decide on candidates before sending them on to the governor. It’s all meant to insulate the branch from partisanship, but the Florida Access to Justice Project is raising concerns. In a new report the group argues the Governor holds too much power over who serves on a nominating commission.
“The whole idea was to move the judicial selection process away from a political process controlled by patronage committees,” former American Bar Association President Sandy D’Alemberte says, “and moved into a system that would have screening—to assure that the people who were being nominated for office were intelligent, had integrity and were not going to be guilty of any political bias.”
The report offers nine recommendations built around making the judiciary more independent and better informing voters ahead of merit retention. The group also points to a lack of diversity on the bench. Miami attorney Trelvis Randolph says it’s important for a judge to reflect his or her community.
“The Florida population in general has about 22 percent Hispanic and 16 percent African American,” Miami attorney Trelvis Randolph says. “Yet when you look at the state judiciary there are fewer than 9 percent of the judges who are Hispanic and fewer than 7 percent who are African American.”
Randolph is next in line to head up the Wilkie D. Ferguson Jr. bar association.
“This is a disparity that needs to be addressed,” he says, “and we can’t do it unless we take these steps, and we can’t do it unless we recognize that there is a disparity.”
The report depicts a judicial branch beset by partisan interests. Meanwhile, some lawmakers see it the other way around. Irritated with what they consider judicial overreach after the courts rejected partisan district maps and abortion legislation, House lawmakers are threatening to impose a 12 year term limit on judges. But even if the move gains approval it would still need to go to the ballot.
