Lawyer group blasts JNC's Jimenez pick

The Judicial Nominating Commission ''ran afoul of Florida law'' and appeared to bow to political pressure when it nominated Miami lawyer Frank Jimenez for the Florida Supreme Court, a group of high-powered lawyers complained in a strongly worded letter Monday.

Jimenez, a politically connected attorney who is currently the U.S. Navy's general counsel, was nominated for the seat Wednesday after a long and contentious JNC meeting called in response to Gov. Charlie Crist's request for more ''diversity'' in the list of prospective justices. Amid frequent 5-4 votes, the commission suspended its rules at times as some members questioned what they were doing and what Crist's motives were.

''We are very concerned that the integrity of the process with respect to the nomination and selection of justices and judges may be tainted in the eyes of the public,'' said the letter to JNC chairman Robert Hackleman.

It was signed by 17 attorneys, including former Florida Bar President Kelly Overstreet-Johnson, Wayne Hogan, two former Fifth District Court of Appeal judges and state Sen. Alex Villalobos, R-Miami, and his father, José.

Yesterday's story here

Download hackleman_concerns_re_jnc_procedures.doc

Comments

Reminds me of a kindergarten class. We don't get our way we are going to stomp our feet, whine, and then we will sue until we get our way.

Jimenez has sterling court credentials

By Raoul G. Cantero III, Special to the Times

Published Monday, December 22, 2008 6:34 PM

Six-and-a-half years ago, the Florida Supreme Court Judicial Nominating Commission nominated me to fill a vacancy on the Florida Supreme Court. At the time, I was a lawyer practicing at a medium-sized Miami firm. I had never been a judge. I was the only Hispanic nominated and, if appointed, would be the first justice of Hispanic descent on the court.

The St. Petersburg Times promptly wrote an editorial painting me as a right-wing ideologue. The Times used my representation of an alleged (but twice-acquitted) terrorist to claim that I was "apparent(ly) indifferent to violence that is anti-Castro in motive." The newspaper also used a letter I had written to the Miami Herald editor years earlier, to insinuate that I would grant leniency to some murderers but not others. My letter had condemned the then-recent murders of two abortion doctors. However, I explained that the vast majority of those in the antiabortion movement were decent people from all walks of life who shared a belief that abortions kill children. The Times used that letter to question whether I would affirm the death penalty for the murder of abortion providers.

Of course, the Times' accusations were not well-founded, as subsequent events proved. I will not dwell on my record as a justice. Suffice it to quote one of my colleagues, speaking at my retirement ceremony in September: "His votes on this court have never, ever reflected an agenda either personal or political" and "Justice Cantero is the essence of what we mean by judicial independence."

Now, years later, I feel a sense of deja vu. The Florida Supreme Court Judicial Nominating Commission has nominated five candidates to fill another vacancy on the court. The Times' editorial board on Friday again singled out one of the candidates for vilification — Frank Jimenez, another conservative Hispanic. The Times condemns his nomination despite Jimenez's sterling credentials: distinguished Yale Law School and Wharton Business School graduate, partner at a well-respected Miami law firm, deputy chief of staff and acting general counsel to Gov. Jeb Bush, chief of staff to then-HUD Secretary Mel Martinez, top litigation counsel at the U.S. Defense Department, and now general counsel of the Navy, one of six civilians of four-star rank who help the secretary of the Navy oversee the U.S. Navy and Marine Corps.

Jimenez's nomination is supported by many lawyers and judges, both on the right and the left. For example, Harold Koh, the internationally respected dean of Yale Law School and self-described critic of the Bush administration, draws from his 20 years of association with Jimenez to call him "utterly fair-minded and reasonable" and to state that, "as a human rights lawyer, I wish that every judge I appeared before had half his insight, awareness, or commitment to fairness." Former Navy General Counsel Alberto Mora, a hero to those opposing Guantanamo detainee policies, said he "could not have asked for a better lawyer, colleague, deputy or successor" and that Jimenez's selection would provide the court "a justice of rare ability."

The federal appellate judge for whom Jimenez clerked described him as having "the perfect temperament for a judge on a collegial court," "congenial and personable," "thoughtful, balanced and deliberate," and as having "rock-solid personal and professional integrity." These letters, and many more, came from colleagues who know Jimenez intimately.

From the Times' editorial, however, one would never guess that Jimenez possesses such traits. Instead, the Times describes Jimenez as "a (Jeb) Bush acolyte" who is contemptuous "of an independent judiciary," and claims that "(a) Jimenez appointment would make a mockery of the state's judicial nomination process."

I do not quarrel with the Times' conclusion that the other candidates nominated are highly qualified. They are. Any one of them would make an excellent justice of the Florida Supreme Court. But once again the Times has cast unfair aspersions at a conservative Hispanic nominee. And if the governor decides to appoint Frank Jimenez to the court, I am confident that, once again, the Times will be proven wrong.

Raoul G. Cantero III served on the Florida Supreme Court from 2002 until 2008.

Tainted? That's an understatement!

What is political about the Jimenez nomination is not the nomination itself, but the vociferous response by the liberal media and trial lawyer/Bar elitists. There is a factual basis for disagreement whether the JNC followed the law and it's rules. And it can be debated whether Jimenez is qualified to be appointed; again, there are facts upon which to have that debate. But there is no factual basis for the claim that Jimenez's nomination was politically motivated. Would this same group be whining and complaining if Nikki Clarke had been nominated instead of Frank? Would the Times be running similar columns? I think not.

[Watchdog]

With Gov. Crist, diversity, quotas, affirmative action and political correctness always trump "best qualified."

"And it can be debated whether Jimenez is qualified to be appointed;"

He is currently General Counsel of the United States Navy. There isn't any doubt as to whether he is qualified.

Their disagreement is with his views. Liberals will skewer anyone who strays from the Democrat Plantation, just like they did with Clarence Thomas.

Lawyer Group? Why not just say the Academy of Florida Trial Lawyers, or whatever they are they calling themselves this year.

What a bunch of sniffling cry babies!

Fla. AGO 96-04 (Fla.A.G.)

Office of the Attorney General
State of Florida

January 11, 1996

Re: JUDICIAL NOMINATING COMMISSIONS--CIRCUIT COURTS--JUDGES--COURTS-- GOVER-NOR--authority of nominating commission to withdraw names certified to the Governor; ability to supplement list and advise Governor of changed circumstances; ability of Governor to combine separate lists certified for two circuit court vacancies. Art. V, s. 11, State Const.

V. Ted Brabham, Jr.
Chair

Dear Mr. Brabham:

On behalf of the Fifteenth Judicial Circuit Nominating Commission you ask substantially the following questions:
(1) Does a judicial nominating commission have the authority to withdraw names certified to the Governor as nominees for a judicial vacancy on the circuit court?
(2) May the names on separate lists certified by a judicial nominating commission for two circuit court vacancies be combined for the Governor's consideration?

In sum:
(1) While a judicial nominating commission does not have the authority to withdraw the names certified to the Governor, the commission may supplement that list with additional names and advise the Governor of any changed circumstances regarding the certified nominees at any time prior to the Governor's appointment to fill the vacancy.
(2) The names on separate lists certified by the judicial nominating commission for two circuit court vacancies may be combined for consideration by the Governor.

Question One

Article V, section 11(b) and (c), Florida Constitution, provides:
(b) The Governor shall fill each vacancy on a circuit court by appointing . . . one of not fewer than three persons nominated by the appropriate judicial nominating commission. . . .
(c) The nominations shall be made within thirty days from the occurrence of a vacancy unless the period is extended by the governor for a time not to exceed thirty days. The governor shall make the appointment within sixty days after the nominations have been certified to him.

This office has been advised that the Judicial Nominating Commission for the Fifteenth Judicial Circuit (JNC) certified a list of three nominees for a vacancy on the circuit court for the Fifteenth Judicial Circuit on November 14, 1995. A board of independent inquiry was asked by the Governor to examine allegations that the JNC's choices were influenced by political considerations rather than the nominees' qualifications. A question has been raised as to whether the JNC may withdraw the list certified to the Governor on November 14, 1995, and resubmit a new list of nominees.

Article V, section 11(b) and (c), Florida Constitution, makes no provision for the withdrawal of a certified list of nominees. Rather the constitutional provision contemplates that a JNC will certify a list of nominees to the Governor within thirty days (or 60 days, if the Governor extends the period). No provision is made for the JNC to withdraw names previously certified. To allow a JNC to withdraw a name previously submitted would not conform to the procedure set forth in Article V, section 11.

The constitutional provision, however, does not limit the number of names to be submitted by the JNC, but rather requires that the JNC submit “not fewer than three persons” for consideration. The JNC has complied with this constitutional mandate. Nothing, however, precludes the JNC from submitting additional names to the Governor at any time prior to the Governor's appointment to fill the vacancy. Moreover, it would appear to be within the scope of the JNC's duties and responsibilities to advise the Governor of information received by the JNC subsequent to certification that would affect the qualifications of a nominee.

The Governor would have the authority to fill the vacancy by appointing an individual from any of the nominees provided by the JNC. While the Governor may reject those nominees who do not meet the qualifications for judicial candidates, the constitution contemplates that the Governor will fill the vacancy from the nominees submitted by the JNC.

Accordingly, I am of the opinion that while the JNC does not have the authority to withdraw names certified to the Governor, nothing precludes the commission from supplementing a list with additional names at any time prior to the Governor's appointment to fill a vacancy.

Question Two

This office has been advised that there are two judicial vacancies in the Fifteenth Judicial Circuit. Two separate lists were sent to the Governor, on November 14, 1995, and November 29, 1995, respectively. A question has been raised as to whether the two lists may be combined so that the Governor may fill the vacancies from any name on the combined lists.

The Supreme Court of Florida, in considering Article V, section 11, Florida Constitution, has stated:
The purpose of the judicial nominating commission is to take the judiciary out of the field of political patronage and provide a method of checking the qualifications of persons seeking the office of judge. When the commission has completed its investigation and reached a conclusion, the persons meeting the qualifications are nominated. In this respect the commissioners act in an advisory capacity to aid the Governor in the conscientious exercise of his executive appointive power.

It is the Governor who is constitutionally charged with the responsibility of filling judicial vacancies. The JNCs and those who appoint their members must recognize that they act to assist the Governor in performing this function. Manipulation of the process of selecting nominees in an attempt to influence the appointment of a particular individual nominee constitutes a violation of the constitutional scheme and a usurpation of the Governor's appointment power which should not be tolerated.

In cases where a judicial nominating commission is considering more than one vacancy, The Supreme Court of Florida in In re Advisory Opinion to the Governor, has stated that the Governor is not required to fill the vacancies until the commission has submitted three names for each vacancy. Thus, the Court held that the commission was required to submit nine names to the Governor for three vacancies and that the sixty days in which the Governor was to make his decision did not begin to run until he received the nine names.

While the Court's opinion makes it clear that nine names were required to be submitted for three vacancies, it did not state that those names must be submitted on separate lists. Moreover, as this office noted in Attorney General Opinion 93-87, nothing in the Uniform Rules of Procedure for Circuit Judicial Nominating Commissions mandates that the names of nominees for multiple judicial vacancies be submitted on separate lists. In fact, the rules require that the nominees not be ranked or listed in such a manner as to indicate partiality or preference by the commission. Thus, this office stated in Attorney General Opinion 93-87 that the submission of separate lists for multiple vacancies may be construed to violate the Uniform Rules. This office, therefore, concluded that where there are two or more circuit court vacancies within a judicial circuit, a single list for the two vacancies may be submitted, provided that the number of nominees contained on the list is equal to at least three for each vacancy.

In an analogous case, the Supreme Court of Florida in State v. Kiesling held that the nominating council for the Public Service Commission could not submit separate lists for each vacancy but rather should prepare one list from which the Governor could fill all vacancies, stating that “ by submitting separate lists the Nominating Council tried to restrict the Governor's appointing authority.” In concluding that the nominating council had acted inappropriately, the Court determined that “the Nominating Council . . . usurped its authority by trying to restrict the Governor's statutory power to appoint.”

In light of the above, I am of the opinion that the names on separate lists certified by the Judicial Nominating Commission on November 14, 1995, and on November 29, 1995, may be combined for consideration by the Governor.

Sincerely,
Robert A. Butterworth
Attorney General

[No to Bushite Jimenez]

As you can easily see from the above comments, Jimenez is a Bushite partisan wingnut. Remember that his ilk are responsible for the coup that installed the WORST PRESIDENT EVER in the White House in 2000. Where was the constitutional basis for that? We don't need ideologues of either party in our Supreme Court.

10:31 - So, a Yale law grad (I am guessing you got your education at Keiser) and the General Counsel for the US Navy, who oversees 650 attorneys worldwide, argues before the US Supreme Court, is somehow not qualified because he used to work for Gov. Bush?

Do you know how absolutely asinine you sound? You bushderangement libs really need to vent your delusional anger somewhere else!

Trial lawyers sue everyone day in and day out for lack of diversity. The moment Governor Crist and the JNC attempt to make the Supreme Court reflect the diverse nature of this state, what do the trial lawyers do? Of course: they threaten to sue the Governor and the JNC for promoting diversity! What a bunch of hypocrites.

[Now we know why liberals study silly things, rather than math or logic]

Harvard Law grad, community organizer, 140 days in US Senate = Qualified for POTUS

Yale Law grad, Wharton Business School grad, counsel to US Defense Department, General Counsel for US Navy, argued before US Supreme Court = unqualified for Florida Supreme Court

The opinions voiced on this blog leads an impartial observer to conclude that it is all about politics, not about competency. It is all about knee jerk responses to anyone who might be the least bit conservative. It is all about the obsesive Bush hatred by the left, and the blind allegiance of the media to anyone advocating liberal causes. Case closed

He has been nothing but a beaurecrat for the past 10 years. He tried one case and handled only one or two appeals before going to work for JEB! When he left for Washington, he let his Florida Bar license go inactive and did not activate it until after he applied for the first FSC vacanices that were filled earlier this year. He wasn't even a resident of the State of Florida until recently. If he were in the running for Clerk of the Court he might be qualified, but as a practing lawyer, qualified to step on to the bench right away, he doesn't pass the test.

[The Truth that the Obtuse Conservative Spin-meister wants you to ignore.]

Quoting from the original Miami Herald article:

"Jimenez...took a leave of absence from his duties to work for President Bush during the fight over Florida's election recount in 2000."

Verdict: He's a Bushite Wingnut who participated in one of the greatest subversions of our nation's Constitution ever perpetrated upon our citizenry by the Judiciary. Not the kind of partisan hack we need on our Supreme Court.

Case Closed!

I am shocked, shocked to find that politics is involved in this process.

[Bush and the conservatives ruined our economy]

Great article which exposes the conservative agenda to deny responsibility for the Great Bush Depression of 2008 and revive their failed policies of deregualtion and corporate welfare:

http://www.realclearpolitics.com/articles/2008/12/laissezfaire_capitalism_should.html

[The deranged left needs help...]

Of course, according to left, no one but someone with their political view points is qualified. You deranged libs need serious help. 11:13 bears repeating.

Harvard Law grad, community organizer, 140 days in US Senate = Qualified for POTUS

Yale Law grad, Wharton Business School grad, counsel to US Defense Department, General Counsel for US Navy, argued before US Supreme Court = unqualified for Florida Supreme Court

just wait until you sh*tweasels find your cause of action thrown out because this jagoff decided you aint rich enuff or white enuff to have standing against a "protected class", i.e., A FLORIDA BIDNESS!

FREAKIN' IJITS!!

Trial lawyers are just jealous that this guy has had a stellar career, whilst they are stuck chasing ambulances...

Take heart, you scum-sucking warts on a toad's @ss...at least gas prices are down, so you'll be able to chase more ambulances.

Now get out there and sue some poor dry cleaner or something! Your kids need Christmas presents!

[The truth that bears repeating]

Quoting from the original Miami Herald article:

"Jimenez...took a leave of absence from his duties to work for President Bush during the fight over Florida's election recount in 2000."

Verdict: He's a Bushite Wingnut who participated in one of the greatest subversions of our nation's Constitution ever perpetrated upon our citizenry by the Judiciary. Not the kind of partisan hack we need on our Supreme Court.

Case Closed!

1:36 - So what? Because he worked on the recount suddenly disqualifies him? Had he worked for Gore, than would he be qualified?
Has your deranged warped mind ever dreamed of attending Yale Law School? Are you currently or have you overseen a staff of 650 attorneys worldwide? Have you ever argued in front of the US Supreme Court? I didn't think so.
It is easier to take jabs at a man who has lead an honorable career just because he has a R behind his name instead of a D.

"He's a Bushite Wingnut who participated in one of the greatest subversions of our nation's Constitution ever perpetrated upon our citizenry by the Judiciary."

I do not think he was around during Franklin Roosevelt's Presidency...

[Scum-sucking wart on a toad's butt, AKA Trial Lawyer]

Hey, that dry cleaner DESERVED to be sued...he ruined my favorite pair of pants!

Oh yeah, and Jiminez is like, Bush III or something...whatever...

I don't write these things...the Academy of Trial Lawyers, or whatever they are called now, write them for me...I'm just an ambulance chaser...

[Constitution for Sale]

The fascist wingnuts want this guy Jimenez pretty bad. That alone should tell you he's a partisan hack. If he were impartial and without an agenda, they wouldn't show any interest at all.

2:33 - No, but the concern for the ambulance chasers and nut jobs like you trying to hijack the system is disgusting.

He is more qualified than any of the other candidates. Period.

Look at the resumes.

[WE WANT A WINGNUT!!!!]

2:39 So.....why wasn't he on the shortlist in the first place?

3:06

Because some idiots said they wanted "diversity". Soooo, here you are!

3:33 But that's beside the point - if he's the most qualified, as 2:39 claims, then why wasn't he on the first list?

wait for the above JAGOFFS to change their tune when they think they have a legitimate claim against someone!

when they discover HOW LOADED AGAINST THEM the system is, stand by for extreme wailing!!

Define one term governor-Charlie Crist

Message brought to you by many, many,
hard working Pinellas County Republicans who were fooled once but not again.
I told you Tom G. was the better man!

North Pinellas County GOP

[Tim]

The fact that Kelly Overstreet-Johnson signed the letter destroys any credibility that it might have carried. She's as big a political hack as you can get. She's just upset that nobody cares what she or the rest of the liberal Bar has to say. Suck it up and move on. We don't care.

So the very liberal attorneys have cried foul because their way of doing things that will give more liberal than conservative judges on the bench was up ended. well good. let it be up ended and tell those idiotic liberal attorneys to go shove it.

[Objecting attorneys]

we object on jimenez because he is smarter than the whole supreme court combined (pariente and wells are negative values). if it is from bar=centric attorneys---ignore it cause they just want power and power to enforce their views on everyone else because they think they are so special

[Florida Bar]

we want justice who support partial birth abortion and diversity of color but not of opinion. there will be no diversity of opinion because the debate is over and anything Gore says is gold.

It was signed by 17 attorneys, including former Florida Bar President Kelly Overstreet-Johnson, Wayne Hogan, two former Fifth District Court of Appeal judges and state Sen. Alex Villalobos, R-Miami, and his father, José.

________________________________

And they are correct in their assessment of the process.

Damn shame that it is true of Gov. Crist.

This is nothing but a proxy war being waged against Jeb by the bitter little puke who goes by the name Alex Villalobos, the Democrat-turned Republican state senator.

Villalobos should just get over it. The Bushites took away his senate presidency for being a backstabbing Democrat in Republican's clothes. This letter is just another example of how he sides with the trial lawyers.

1:39 Fighting the Bushites is fighting the good fight! Just ask the people of the good old USofA their opinion about the name Bush.

[Fred For Freedom]

Strange Gov. Crist has not selected A SINGLE AFRICAN-AMERICAN FOR ANY JUDICIAL POSITION THROUGHOUT THE ENTIRE STATE OF FLORIDA--HMMMMMMM
HIS POLITICAL CAREER WILL SUFFER-WITH THE NEXT VOTER TURNOUT AGAINST HIM WHEN HE RUNS FOR ANY AND EVERY OFFICE IN THIS "OUT" STATE OF FLORIDA.