TALLAHASSEE, Fla. (The News Service of Florida) - With the prospect that the Florida Supreme Court will be without a black justice for the first time in 36 years, Senate and House Democrats want to revamp the process for nominating judges.
Legislation filed this week would reduce the governor’s influence over the judicial-nominating process. Under current law, the governor names five members to each of the 26 judicial nominating commissions, while an additional four members recommended by The Florida Bar are subject to approval by the governor.
The Supreme Court Judicial Nominating Commission last month advanced a list of 11 nominees for three upcoming vacancies on the state’s highest court but did not include any black nominees.
Among the three justices who are facing mandatory retirement in January is Justice Peggy Quince, the only black justice. Senate Minority Leader Audrey Gibson says there are many highly qualified African-American judges suitable for nomination to the Supreme Court.
“Quality and qualifications are present, so there is no reason we should find ourselves in this place. In almost 40 years, it’s never happened," said Gibson.
Critics of the current process say Governor Rick Scott has used his appointment power to populate the nominating commissions with “like-minded” members who have advanced conservative judges, while ignoring racial diversity in the court system.
On Thursday, Scott appointed Miami-Dade County Circuit Judge Eric Hendon to a seat on the 3rd District Court of Appeal in South Florida.
Hendon is the first African-American judge Scott has appointed to a state appellate court since taking office in January 2011. During that time, Scott has made 34 appointments to the five state district courts of appeal.
