Jim Rosica
Gov. Rick Scott has rejected all suggestions from The Florida Bar to fill vacancies in several of the state’s Judicial Nominating Commissions (JNC), the panels that recommend lawyers for judgeships.
The latest rejections now add up to at least 90 of the Bar’s recommendations for JNC openings that Scott has turned down since taking office in 2011, according to Bar records.
Other names that Scott rejected over the years include Vero Beach lawyer Erin Grall, now a Republican state representative, and nationally known civil-rights attorney Ben Crump of Tallahassee.
On Dec. 27, William Spicola, Scott’s general counsel, wrote a letter to Bar President William J. Schifino Jr., saying the governor wanted the Bar to start over and offer different recommendations for all the current openings. He did not give a reason.
“The Governor understands and appreciates The Bar’s time and effort in vetting and selecting nominees for appointment,” Spicola wrote. “Thank you for your important work, and we look forward to receiving additional names for consideration.”
A judicial nominating commission has nine members. “Five members are appointed directly by the Governor, and the Bar sends nominations to the Governor to fill the remaining four spots,” the Bar’s website explains.
The governor must select from the Bar’s recommendations, but state law allows for the governor to “reject all of the nominees recommended for a position and request that the (Bar) submit a new list.”
There is now one “lawyer vacancy” in each of five JNCs: the ones for the 2nd District Court of Appeal, the 3rd District Court of Appeal, and the 6th, 7th, and 20th Judicial Circuits.
The 15 rejected nominees are:
- Thomas H. Dart, Sarasota
- Amy S. Farrior, Tampa
- Natalie P. Thomas, Tampa
- Debora A. Diaz, Tarpon Springs
- Robert H. Dillinger, St. Petersburg
- Hugh C. Umsted, New Port Richey
- Sonia M. Diaz, Naples
- Kelley G. Price, Naples
- Jamie B. Schwinghamer, Estero
- Elliott B. Kula, Surfside
- Lisa Lehner, Miami
- Effie D. Silva, Miami
- Aaron Delgado, Daytona Beach
- Erum S. Kistemaker, Daytona Beach
- Horace Smith Jr., Ormond Beach
The Bar is now taking applications, due Feb. 6, for the next set of nominations.
One comment
Thomas M. Gallen
January 5, 2017 at 9:58 am
ARTICLE V SECTION 20 ©(5) FLORIDA CONSTITUTION PROVIDES
(5) 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.
WHAT RIGHT DOES THE GOVERNOR HAVE TO REJECT THE MEMBERS APPOINTED BY THE BOARD OF GOVERNORS OF THE FLORIDA BAR?
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