TBO.com - TBO is Tampa Bay Online

Base Judicial Picks On Merit

ADVERTISEMENT

The Tampa Tribune

Published: December 13, 2008

Gov. Charlie Crist has appointed two Supreme Court justices and will have the chance to pick two more in the coming months.

His first selections were white men, both conservatives and both meritorious appointments. One replaced the lone Hispanic justice, causing disappointment among that constituency.

Commendably, Crist then reminded the nine-member Supreme Court nominating commission that he would like women and lawyers of color among the names submitted for his consideration, and the latest list of five nominees includes a woman and a Hispanic man.

But Crist's job, and that of the judicial nominating commissions appointed by him to choose the nominees, should value first the qualifications and experiences of those aspiring to the bench, not race or gender.

Citizens naturally feel better served by a court system that includes judges reflecting the state's diversity, but diversity must never be the paramount consideration.

Critics of the current selection process would change it by taking away the governor's power to stack the state's 26 judicial nominating commissions with appointments and return to the days when The Florida Bar had a larger say in the process.

But make no mistake. The Bar was no less political than the governor. The lawyers who headed the organization and made commission appointments had their own agendas, which generally coincided with those of Democratic governors.

What the critics today don't like is that a Republican controls the process, and Crist has made conservative picks. Their insistence that the old appointment formula gave us more moderate appointments is specious. "Moderate" depends on who is defining it.

Voters do not want an overtly political or ideological judiciary, but neither do they expect their governors to select a judicial candidate opposed to his or her ideological and political predilections. After all, voters understand elections have consequences.

At any rate, it cannot be said that the justices selected by Jeb Bush and now Crist were overtly political picks.

Surely, Crist considered the political implications of failing to name a Hispanic candidate to replace Raoul Cantero when he chose Charles Canady as his first high court appointment. But the former Republican legislator and congressman, Yale Law School graduate and 2nd District Court of Appeal judge had sterling legal credentials.

Canady may have an extensive political background and specific ideological bent, but his duty is to all of the people of Florida, not just the Republican party.

The same can be said for Justice Ricky Polston, whose academic, legal and judicial background suggest he will make a fine justice.

What voters want are men and women who have the experience, temperament and integrity to properly run our courts.

We want judges who are immune from the pressure of corrupting influences but don't consider themselves unaccountable.

Judges come to the bench with their own educational, political and ideological baggage, but they have a duty to all Floridians. We have to trust that those applicants willing to put themselves through the vetting process - and the governor who will select one of them - understand that, too.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT