Ryan Nicol
State Sen. Perry Thurston has filed a new bill (SB 138) which would alter the makeup of judicial nominating commissions (JNC) starting in 2019.
The bill would reduce the Governor’s control over the commissions, reverting the nominating process to the one that existed before 2002.
Currently, the Governor is allowed to make five appointments to the nine-member commissions, giving him or her control over the majority. The Board of Governors of the Florida Bar names the other four members, pending approval by the Governor.
Thurston’s measure would limit the Governor and the Bar to appointing three members each. The remaining three members would be “selected and appointed by a majority vote of the members of the commission appointed” by the Governor and Florida Bar.
The state Senator from Fort Lauderdale will join several other lawmakers Wednesday morning at a news conference regarding the proposed legislation.
State Sen. Audrey Gibson of Jacksonville, House Minority Leader Kionne McGhee of Miami-Dade County, and state Rep. Al Jacquet of Palm Beach County will be among the lawmakers present. The conference will take place at 9:30 a.m. outside the Senate chambers on the fourth floor of the Capitol Building in Tallahassee.
Thurston is one of several Senate Democrats who voiced a desire to revert the commissions to their 2002 form late last month.
“Clearly, these changes didn’t happen automatically in 2002 when the rules were changed,” Thurston said of the racial makeup of Florida judges.
“But over a period of time, these changes, to me, amount to the nexus of the problem that we’re faced with now as we look at the Supreme Court.”
The call was prompted by the JNC for the Florida Supreme Court presenting a list of 11 finalists to Governor-elect Ron DeSantis. DeSantis will use that list to fill three open spots on the court.
None of those finalists was African-American. That means the Florida Supreme Court will not have a black justice seated for the first time in 36 years.
“The fallout from these nominations is apparent to any African-American or Hispanic who has stood in a courtroom seeking justice from those incapable of rendering it,” Thurston said late last month.
“The scales are heavily weighted against them.”
Currently, the Governor is also allowed to veto suggested nominees from the Florida Bar. Thurston would also remove that veto power to limit the Governor’s authority.
“[The Governor] has got control of the [commissions], and he has the veto power of the selections that others are making. That’s problematic,” Thurston said.
Beyond changes to the makeup of the commissions, Thurston is also proposing several other new requirements in his legislation.
The commissions are supposed to reflect the “racial, ethnic and gender diversity” of the area covered by the respective commissions. Thurston’s proposal would add disability, veteran status, gender identity and sexual orientation to that list of considerations.
He then tasks the Governor, the Florida Bar and the individual commissions with gathering demographic data for the commissions related to those characteristics.
“I think we’re going to definitely have a more diverse selection,” Thurston predicted.
“And we’re going to have selections that represent the state of Florida.”
Thurston argued the lack of African-American judges could undermine the fairness of the justice system in the eyes of the minority community.
“You don’t want to get to a point where people lose confidence in the judicial process, and they think that they’re not going to have a fair shot.”
The measure would take effect next year if approved in the 2019 session. On July 1, “the terms of all members of judicial nomination commissions” will be terminated.
New members will then be appointed to ensure staggered terms. Each of the three groups to be tasked with appointments will name one member whose term will expire on July 1, 2020, a second whose term will expire on July 1, 2021, and a third whose term will end on July 1, 2022.
“Certainly when you win elections by less than one [percentage point], once you win, you’re elected to represent the entire state,” Thurston said, referring to DeSantis’ narrow victory of Democratic opponent Andrew Gillum.
“So others’ perspectives should be reflected in these selections.”
One comment
J W Peterson
December 11, 2018 at 7:19 pm
Clearly, Senator Thurston and his pals are racist to the core. All of a sudden judicial experience, scholarship and temperament have no place in Florida’s judicial process. Only skin color, gender (perceived or actual) and sexual preferences matter. They are trying to stack the judicial deck with unqualified or poorly qualified political operatives to drive their Far Left agenda. Disgraceful!
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