With two months left as governor, Charlie Crist can still leave a lasting legacy with his remaining judicial, board and commission appointments.
Crists independent streak can be seen in his past judicial appointments, nominating conservative and left-leaning judges alike, but some conservatives worry that his loss in the U.S. Senate race to Marco Rubio, after leaving the Republican Party, will lead him to appoint explicitly liberal judges.
Crist left the GOP ahead of the Republican primary when he was trailing far behind Rubio in the polls. His defection for an independent campaign was pilloried by conservatives.
Two of his recent picks for the Florida Supreme Court, Justice Jorge Labarga and Justice James Perry, were targeted by conservatives for nonretention ahead of the midterm elections for ruling against a ballot measure that would have allowed Floridians to opt out of the new federal health-care law. The judges were retained by voters with about 60 percent of the vote, about 6 or 7 percentage points below the retention votes of judges who ruled in the minority for the ballot measure.
There are currently 10 judicial vacancies on appeals, circuit and county courts, eight of which must be filled by Crist before his successor, Rick Scott, is sworn in on Jan. 4.
Applicants for open judicial positions are interviewed and vetted by the Judicial Nominating Committee, a nine-member panel with five members appointed by the governor and four members appointed by the Florida Bar Association. After the committee nominates six applicants, the governors legal staff conducts further interviews before submitting a list of three to four applicants to the governor for a final decision.
Some have speculated that Crist may want to get back at Republican legislative leaders, who have called a special session next week to override as many as 10 of Crists vetoes. Sources familiar with the judicial nominating process, however, say that while Crists judicial appointments over the past two years have been less conservative than when he first took office, the governor isnt likely to appoint liberal judges as retribution on his way out of office.
According to an e-mail from Sterling Ivey, Crists press secretary, the governor looks for individuals who will serve with integrity, compassion and in an honest manner.
When Crist entered office, he rescinded many of the appointments his predecessor, Jeb Bush, made to state boards and committees. It does not appear, however, that Crist will be collaborating with Scott in his remaining judicial appointments.
The governor is moving forward with his responsibility to make these appointments without regard to action the governor-elect may take when assuming office, Iveys e-mail states.
The most high-profile of Crists remaining judicial appointments is an opening on the 3rd District Court of Appeals, replacing Judge Gerald Cope, who retired. The three nominees for the position are Judge Kevin M. Emas, Judge Ivan F. Fernandez -- both of whom serve on the 11th Judicial Circuits Family Division in Miami -- and Edwin A. Scales III, a Key West attorney.
The judges may have more pedigree, but Crist could be tempted to pick Scales because the 3rd District has never had a sitting judge from Monroe County. Crist must make an appointment by Nov. 29.
Here is a list of the other judicial appointments Crist must make before leaving office:
- 7th Circuit, replacing Judge Patrick G. Kennedy (retirement), appointment due Dec. 21.
- 9th Circuit, replacing Judge R. James Stroker (retirement), appointment due Nov. 29.
- 11th Circuit, replacing Judge Margarita Esquiroz (retirement), appointment expected soon.
- St. Johns County, replacing Judge Patti A. Christensen (appointed to 7th Circuit), appointment due Jan. 3, 2011.
- Miami-Dade County, replacing Judge Bronwyn Miller (appointed to 11th Circuit), appointment due Dec. 17.
- Hillsborough County, replacing Judge Cheryl K. Thomas (appointed to 13th Circuit), appointment due Dec. 25.
- Palm Beach County, replacing Judge James Martz, (appointed to 15th Circuit), appointment due Jan. 2, 2011.
Several candidates have applied. Check the list for a look at who they are.
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Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859.
