The states legal community is coming together to protect three of its own.
More than $450,000 has been cobbled together in the first three months of the year for the retention efforts of state Supreme Court justices R. Fred Lewis, Barbara Pariente and Peggy Quince.
The funding is unprecedented for recent years. The Florida Division of Elections records no money being collected or spent for their retention efforts in 2006, nor for when Justice Charles T. Wells was retained in 2008 or when voters retained four other justices in 2010.
Lewis, Pariente and Quince were appointed to the court by former Gov. Lawton Chiles. Lewis and Pariente were appointed to the court by former Gov. Lawton Chiles. Quince was appointed by both Chiles and former Gov. Jeb Bush.
The three justices are facing heat, as did two others in 2010, for being viewed as judicial activists, highlighted by voting to block a measure that would have allowed Floridians to block the Affordable Health Care for America Act, better known as Obamacare, two years ago.
The anti-retention effort is being headed by the Orlando-based Restore Justice 2012, an outgrowth of efforts of local tea party activist Jesse Phillips.
Phillips said Wednesday that the justices may be scared after a similar effort two years ago resulted in some of the lowest votes ever in favor of retention.
The gist of our campaign was social media and we did a few press releases and had a little bit of attention, but nothing like the storm were seeing now, Phillips said. I think it showed people this is something we need to look into more in the next few years.
Phillips said the group, currently registered with the IRS as a political nonprofit organization, is not formally advocating for any particular vote. Eventually they will registered with the state Division of Elections and plan to release a voter guide on the justices' voting records, he said.
On its website -- restorejustice2012.com -- the group claims Our State Supreme Court is among the worst offenders and has frequently meddled in the democratic process and taken upon itself to determine outcomes that our state Constitution leaves to voters, not judges, to decide."
The group points to the court's 2006 decision to reject a law passed by the Florida Legislature that created the country's first statewide education voucher program and the 2010 decision that blocked a state constitutional amendment going before voters to ban any laws that required Florida residents to participate in a health care system.
The Florida State Supreme Court has taken it upon itself to decide matters lawfully left to voters to decide, Restore Justice stated. They have disenfranchised every voter in the state on multiple occasions and greatly overstepped their constitutional limitations, proving that they truly are one of the most activist courts in the nation.
Dan Stengle, legal counsel for the justices' merit retention campaigns, told the Miami Herald the need to collect contributions is different because of the announced opposition.
Our fair and impartial courts are increasingly being targeted by groups seeking to increase political influence over court rulings,'' Stengle told the Herald. "The same group that waged a last-minute stealth campaign against two of our Florida Supreme Court justices in 2010 announced its intent to remove all three justices who will be on the ballot in November.
Justices are required to appoint campaign finance committees because they are prohibited from soliciting contributions personally.
Meanwhile, the Florida Bar and the Tallahassee-based Democracy at Stake both will be announcing programs to educate voters on the retention program without supporting or opposing any of the justices.
Alex Villalobos, president of the nonprofit Democracy at Stake who served as majority leader and rules chair during his tenure in the Florida Legislature, said the financial numbers were not surprising as people have been working hard to get the word out.
A lot of people know what is at stake, Villalobos said.
These justices, not just the three, all seven, are victims of their own success. Theyre not out there pontificating. Theyre not out seeking the spotlight. They work very hard. Its not a liberal or conservative thing.
The justices cant raise money or campaign on their records.
You really dont want them to do that, Villalobos said. You dont want justices ruling on, Gee, if I rule this way will the doctors come after me? Will the pharmaceuticals come after me? You dont want them looking over their shoulders. Once that happens, justice becomes for sale and that is the end of democracy.
I dont agree with all their rulings, but I agree with the process that they use to make those rules. If you want politics, then that is what the executive and legislative is for. That is not what the court system is about. The court system gets the rules that the Legislature passes and makes sure they fit the Constitution.
In a release, Florida Bar President Scott Hawkins called the pending retention education program critical because 15 district court of appeal judges are also up for merit retention this year.
We have this Florida Bar strategic commitment year in and year out to promote the administration of justice, Hawkins stated in the release. This statewide campaign is to promote the administration of justice by providing fair and balanced information regarding the importance of the (merit retention) vote; to provide the voters with some different processes on how to think about merit, how to assess merit.
The Florida Bar intends to use social media and team with the Florida League of Woman Voters to publish for the first time a voting guide on judicial elections and merit retention.
Justices cannot defend themselves, and judges cannot defend themselves on the record, Hawkins stated.
Im all for competition, Hawkins added. I just want competition thats fair.
Individually, $161,638 has been sent in for Lewis, $158,173 for Pariente and $156,518 for Quince.
Phillips said he was more surprised that the numbers werent higher.
It goes to show how politically minded they are, Phillips said. They claim to be these neutral bystanders that are completely objective, yet theyre raising more money than anybody.
Justices are initially appointed by the governor from a list of three to six names submitted by the Judicial Nominating Commission.
Since 1970, justices are up for retention, a yes or no vote, upon being appointed and again every six years until on or after the justices 70th birthday.
No appellate or Supreme Court judge has been voted out of office through a retention vote, according to the Florida Bar.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
