Legislation to give incoming governors more influence at the state Judicial Nominating Commission could succeed where previous court reform measures have failed.
Rep. Matt Gaetz, R-Shalimar, and Sen. David Simmons, R-Altamonte Springs, have introduced bills authorizing the governor, upon taking office, to replace the five members of the JNC appointed by his predecessor instead of having to wait for their staggered terms to expire.
The Florida Bar would continue to name four members to the panel.
"This is an accountability-based system," Gaetz said, explaining that new governors should not be saddled with the appointments of previous chief executives.
Proponents of House Bill 971 and Senate Bill 1570 note that the proposed reform is in line with standard procedure for other gubernatorial appointees, who submit their resignations upon the election of a new governor. If they become law, they would take effect immediately.
The Gaetz-Simmons proposal represents a compromise from last year's judicial-reform package, which called for the governor to appoint all nine members of the JNC. The proposal faltered in the face of stiff opposition from the Florida Bar.
The Bar has taken no position on this year's bill, said general counsel Paul Hill.
"At this point in the 2012 session, the Bar has only expressed opposition to any legislation that would eliminate the Bars continued and meaningful institutional role in the judicial nominating process.
"The Bar is otherwise monitoring the progress of HB 971 -- and similar SB 1570 -- but does not have an official position on either of these bills or their other features," Hill said.
Jesse Phillips, president of Restore Justice, said his group and the Tea Party Network actively support the reform.
House Speaker Dean Cannon, who pushed for a broader overhaul of the JNC last year, maintains a policy of not commenting on individual member bills as they make their way through the legislative process.
"However, generally speaking with regard to JNC reform, he favors the federal view of the relationship between the executive and judicial branches which contemplates input from the executive and review by the legislative branch," said Cannon spokeswoman Katie Betta.
"Without commenting on the specific proposal, he supports the concept of providing the executive more direct authority," Betta said.
Gaetz said he is "optimistic" about passage.
Meantime, another court measure authored by Simmons and Rep. Peter Nehr, R-Tarpon Springs, would raise the mandatory retirement age of state judges from 70 to 75.
The proposal -- embodied in Senate Joint Resolution 408 and HJR 345 -- has split court reformers. Proponents say it conforms with longer life spans; opponents call it a ploy to limit gubernatorial authority to appoint judges.
Unlike federal regulations, which carry no mandatory retirement age, the Florida Constitution regards 70 as the age of "senility."
Members of the state judiciary are required to retire after 70, except to complete a term (of which less than half remains) or to serve a temporary assignment.
Simmons calls that requirement "anachronistic."
"People live longer today. By 2050, life expectancy will be 83 for men and women. This is a waste of judicial and human resources," Simmons said.
The senator rejects the notion that his measure curbs gubernatorial authority. Going forward, appointees could serve five years longer, he noted.
But Phillips said the proposal "seems to be coming out of left field because it is asking the wrong question. Rather than asking if we should grant an additional five years tenure, we should be asking whether these judges should keep their jobs."
Restore Justice is currently compiling voting records of three state Supreme Court justices -- Barbara Pariente, Fred Lewis and Peggy Quince -- who are up for retention votes in November. At 64, Lewis is the oldest of the three.
Simmons said he has not tracked the ages of the state's judges.
"I don't know which judges are 69 or 70," he said.
The Florida Bar, which makes retention recommendations, favors the Simmons-Nehr bills.
Arguing that extending the retirement age would ease the burden on the state's pension system, Bar officials report that several retired judges and justices "enthusiastically endorsed" the change.
Because the retirement age is set in the Florida Constitution, the proposed change would require passage of an amendment by at least 60 percent of voters.
Reach Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
