Justice James E.C. Perry's mandatory retirement from the Florida Supreme Court will give conservative Gov. Rick Scott his first opportunity in nearly seven years to make an appointment to the high court.
Though the appointment procedure follows a prescribed course, attorneys close to the process are already floating names of leading candidates, even before a single application is submitted.
"It's not such a wide field," said Jason Gonzalez, managing partner in the Tallahassee office of Shutts & Bowen LLP. "Justice Perry is the only member of the Supreme Court from the Fifth District, so the appointment will be limited to applicants from that district."
Gonzalez served as general counsel to the Florida governor and as gubernatorial appointee to the Florida Supreme Court Judicial Nominating Commission. He was the chief advisor to former Gov. Charlie Crist on the appointment of four of the seven justices currently serving on the Supreme Court.
Perry, newest Supreme Court appointee, has generally voted with the liberal court majority, Justices Barbara Pariente, R. Fred Lewis and Peggy Quince.
Under the Constitution, the Judicial Nominating Commission has only 60 days from the time it is notified by the governor until it must submit a list for his consideration. The governor has another 60 days to make his decision.
The process is fully transparent, open to press and public, except for the deliberations. Said Gonzalez, "Usually, when the applications come in, each JNC member is assigned at least one applicant to vet."
Gonzalez names three as the most likely top contenders, with a small supporting cast of other possibilities.
C. Alan Lawson, chief judge of the Fifth District Court of Appeal. A strong conservative. Born in Lakeland, Lawson graduated from Florida State University Law School in 1987 with highest honors. He was a Jeb Bush appointee to the Fifth District Court of Appeal in 2006; a circuit judge in the Ninth Circuit, 2002 - 2005; assistant county attorney for Orange County, 1997 - 2001; general counsel, Verses Wear, Inc., 1996; and associate & partner, Steel Hector & Davis, Miami and Tallahassee, 1987 - 1995.
Daniel J. Gerber, partner in the law office of Rumberger Kirk & Caldwell. Gonzalez, says Gerber is "a strong and respected conservative, Gov. Scott trusts him and his brother is well known on the Fourth DCA."
Wendy Berger, district Judge, Fifth District Court of Appeal. Berger, who received her law degree from Florida State University College of Law in 1992, worked on criminal matters in Gov. Jeb Bush's legal office. Scott is well-acquaineted with Berger -- he appointed her to the Fifth District DCA.
Others, because of their judicial records in the Orlando area, are seen as qualified and could apply, though they're seen as longer shots:
- Ninth Circuit Judge Patricia Strowbridge
- Ninth Circuit Judge Christi L. Underwood
- Ninth Circuit Judge Heather Pinder Rodriguez
- District Court of Appeal Judge Frederic Rand Wallis
- District Court of Appeal Judge Brian Lambert
- District Court of Appeal Judge Jim Edwards.
Generally, Scott says he has tried to populate the state judiciary with judges who "make sure they remember they're the judiciary" and demonstrate deference to laws created by the state's elected representatives. The governor says he has generally heard positive feedback about his judicial appointments from businesses and others who interact with the courts.
"I think what people are saying is they feel comfortable that whatever judge they go to, they're going to get the same interpretation and enforcement," Scott says. "Which is really what people want. ... they want whatever the Legislature passes and the governor signs, those laws to be enforced."
Scott no doubt relishes his first opportunity to affect the Florida Supreme Court.
Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith
