Some attorneys who know firsthand how Gov. Rick Scott names judges offered some insights on the process on Friday
The Federalist Society, a right-of-center group focused on legal reform and interpreting the U.S. Constitution as the Founding Fathers intended, convened on Walt Disney World on Friday for a discussion on the judicial selection process in the Sunshine State. Judge Wendy Berger from the Florida 5th District Court of Appeal moderated the discussion which featured Tim Cerio, the general counsel to Scott.; three former general counsels to the governor -- Pete Antonacci and Charlie Trippe who worked for Scott; Paul Huck who worked for former Gov. Charlie Crist; and Zander Clem who served on the Supreme Court Judicial Nominating Commission.
Cerio praised Scott as a damn good lawyer before he launched his business and political careers who was firm with his philosophy behind his appointments. I want my judges to understand civics, Cerio quoted Scott as saying. I dont get to make laws. Neither do they.
Turning to naming judges and filling judicial nominating commissions (JNC), Cerio said Scott kept that philosophy in mind.
This governor takes this very, very seriously, Cerio said. He looks for appointees to understand the role of government.
Cerio stressed Scott was looking for judges who showed humility and understood the separation of powers.
Antonacci agreed with Cerios assessment and stressed naming judges and filling JNCs was a full-time job with only a modest team in the governors office
Youre doing a new judge every week and a half or thereabouts, Antonacci said. It takes a lot of time.
Antonacci noted JNCs also take much of the general counsel offices time. We spend about a third of our time vetting judges and JNC members, he said.
Trippe praised Scott for being very consistent over four years and noted that JNC members often failed to recognize they were part of the executive branch and not the judicial.
Their job is to advise the governor, Trippe noted.
From his vantage point, Huck noted some differences between Crist and Scott on procedural issues but added they shared some traits.
Most governors are consistent in looking for integrity, Huck said, though he added they can:vary over time when it comes to finding candidates who share their judicial philosophies.
Clem noted that the Florida Bar had far more say over judicial appointments before the Legislature changed the process in 2001. While generally approving of the process, Clem called for more diverse practitioner background when it came to naming judges, with panelists noting that many assistant state attorneys and lawyers in the various public defenders offices sought judicial roles.
Cerio said some of the criticisms of the judicial nominating process were out of bounds. We cant let the dialogue sink to the level where were questioning the legitimacy of the process, Cerio said, noting that the Legislature supported the changes back in 2001. Huck noted that the Florida Bar often had the upper hand in the process which was scrapped back in 2001.
Most of the panelists agreed there were differences in what the governors team was looking for in judges and what the JNCs were looking for.
Berger said more sitting judges were getting electoral challenges in recent years. Trippe praised Floridas judicial elections, noting they were mild compared to those in other states while Antonacci said any attempts to reduce the democratic process would be harmful.
Reach Kevin Derby at kderby@sunshinestatenews.com or follow him on Twitter: @KevinDerbySSN
