Mark FerruloFlorida is one of the most diverse states in the nation, but you wouldn’t know it from looking at our courts.
According to The Florida Bar, people of color make up about 43 percent of Florida’s population. Yet among the state’s judiciary, fewer than 9 percent of judges are Hispanic, and fewer than 7 percent are black.
Critics and the media have pummeled Gov. Rick Scott his handling of diversity on the bench, and with good reason.
Time and again, Scott has sought to remake the courts in his image, rather than ensuring Florida’s diversity is reflected in our court system.
People of color are underrepresented on the bench in every circuit court and court of appeals in the state. Women account for only 34 percent of judges, despite representing half the population, and women of color account for a mere 8 percent of judges (but 22 percent of the state’s residents.)
Why is diversity in the courts important? Because America’s court system cannot function effectively without the confidence of our citizens, and when a judiciary does not reflect the population it serves, the public lacks confidence that it will remain fair and impartial.
An ideal bench should represent the entire community, including women, persons of color, members of the LGBT community, persons with disabilities and other underrepresented groups.
Media reports show that Scott’s judicial appointments have included fewer African-Americans than either of his two predecessors during a corresponding time period.
Out of 160 judicial appointments, Scott has appointed just nine black judges. And of those nine, six have been relegated to lower court benches that handle misdemeanor and traffic cases.
So while Florida’s population is becoming increasingly diverse, the state’s judiciary is going in the opposite direction under Scott. In fact, the diversity and independence of Florida’s courts has been under constant attack from this governor, who has made it a priority to appoint judges who share his conservative political views, while showing little to no regard for diversity on the bench.
Scott has summarily rejected lists of judicial nominees supplied by the Florida Bar at least 16 times, without any explanation. Scott’s predecessors, Charlie Crist and Jeb Bush, did not reject any nominees submitted by the bar.
News stories suggest that Scott’s rejection of nominees has nothing to do with their qualifications. Instead, Scott has rejected nominees because they are registered Democrats or allied with organizations Scott opposes.
Scott’s flagrant attempt to politicize the courts deserves a strong rebuke from Floridians.
“The fact that we have people walking into our courthouses who are not all white males means we really need to have judges that reflect the makeup of society,” said Florida Bar President Gregory Coleman. “It builds credibility and trust, and those are important elements in our branch of government.”
But in Rick Scott’s hyper-partisan world of twisted priorities, carving out a judiciary in his image appears to be more important than building a court system that mirrors the diversity of the citizenry that it serves.
Mark Ferrulo is the executive director of Progress Florida, a statewide progressive advocacy organization. Column courtesy of Context Florida.
