Florida Supreme Court: Gov. Charlie Crist must pick judge from JNC list

So much for appointing a majority of the Supreme Court.

In a unanimous decision, the Florida Supreme Court repeatedly said it "rejects" Gov. Charlie Crist's efforts to require the Judicial Nominating Commission to submit a new list of judges for the 5th District Court of Appeal. The court said Crist had to pick a judge from the original list he received. Crist argued he could wait until he was provided a slate of candidates with more diversity.

"The governor lacks authority under the constitution to seek a new list of nominees from the JNC and has a mandatory duty to fill the vacancy created by petitioner's retirement with an appointment from the list certified to him on Nov. 6, 2008. Because we believe the governor will fully comply with the dictates of this opinion, we grant the petition but withhold issuance of the writ," the court wrote.

The opinion can be found here Download Sc09-565

Crist said in a statement: "While I am disappointed by today’s decision that the Judicial Nominating Commission cannot reconsider these important nominations, I respect the Supreme Court’s decision and their consideration of this case. I remain committed to ensuring that the diversity of the people of Florida is represented in our judiciary. In respect to the court’s decision, I look forward to interviewing and considering the nominees for the 5th District Court of Appeal.”

Marc Caputo, Times/Herald Tallahassee bureau

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So much for appointing a majority of the Supreme Court.

In a unanimous decision, the Florida Supreme Court repeatedly said it "rejects" Gov. Charlie Crist's efforts to require the Judicial Nominating Commission to submit a new list of judges for the 5th District Court of Appeal. The court said Crist had to pick a judge from the original list he received. Crist argued he could wait until he was provided a slate of candidates with more diversity.

"The governor lacks authority under the constitution to seek a new list of nominees from the JNC and has a mandatory duty to fill the vacancy created by petitioner's retirement with an appointment from the list certified to him on Nov. 6, 2008. Because we believe the governor will fully comply with the dictates of this opinion, we grant the petition but withhold issuance of the writ," the court wrote.

The opinion can be found here Download Sc09-565

Crist said in a statement: "While I am disappointed by today’s decision that the Judicial Nominating Commission cannot reconsider these important nominations, I respect the Supreme Court’s decision and their consideration of this case. I remain committed to ensuring that the diversity of the people of Florida is represented in our judiciary. In respect to the court’s decision, I look forward to interviewing and considering the nominees for the 5th District Court of Appeal.”

Marc Caputo, Times/Herald Tallahassee bureau

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Comments

[David]

slap down

[#]

thats judges basically saying "you know nothing abt the law"

[:]

and it wouldn't be the first time that Charlie has acted with no regard for what the law actually states. I guess he thinks that the title of governor allows him to overlook those silly little things like that. idiot.

[Sherri]

Doesn't the Govenor have an advisor to explain to him how the goverment works and the rules of the game? Or at least Google it for him?

[Pamela Landy]

Thannks Charlie for prioritizing the color of someone's skin over their judicial qualifications. What a peach.

[Gator(R)]

Made me think of something I heard about Federal Supreme Court rulings on NPR.

A significant chunk are decided by a 5 to 4 vote. While not technically party lines, but philosophical anyway.

I guess I am surprised that so many issues don't depend as much on a strict knowledge or interpretation of the law, but on personal philosophy. Not criticizing conservative or liberal, just seems like it shougldn't be that way.

[Tom]

Crist has damaged himself greatly over this, at least among Republican lawyers. It is racist of him to exclude white people from the bench because of their skin color. It is insanity to use racial discrimination to remedy supposed past racial discrimination. The candidates proposed by the JNC were the best candidates available and should not be penalized because they don't fit Chain Gang Charlie's political agenda of appearing to be a Republican moderate so he can get votes. If he wants to get votes he needs to do it in a non-racially discriminating manner. The candidates selected are all fine people who do not go around treating people differently because of their pigment. They should not be excluded from a job because of raw political ambition that reflects bigotry.

[Gator(R)]

4:40

He had to know he had to case, must have been trying to get political points from some dems. Maybe it worked.

I agree we have way too many lawyers, but I sincerely doubt their vote can swing an election:)

[Paul D. Harvill]

Oh well.

I had thought that the Governor could reject JNC nominees.

[bird]

I do not want to send this man to Washington.

[Josh]

I applaud Governor Crist for his efforts. While I agree that allowing Governor Crist to in effect have a veto over any JNC panel of potential judges sets a dangerous precedent, I think there should be some mechanism in place to ensure that such panels reflect not only the most qualified candidates for the judiciary, but also the diversity that exists in the particular judicial circuit. For many many years racism has existed in Florida. While many believe such racism is a thing of the past, they are simply wrong. I myself am a white lawyer, but I also am smart enough and honest enough to understand that the tinges of racism still exist today. And when efforts aren't made like those made by Governor Crist, the State of Florida is destined to continue to have a judiciary that is dominated by white males. While I don't agree with everything that Governor Crist does, thank you Governor for trying to do what is right. For those of you who disagree, I ask that you reflect on the skeletons in our great state's closet. We are destined to collect more such skeletons if it were not for the courage of leaders like Governor Crist.

[Gilbert Ford]

It is the Supreme Court job to interpret the law. While, I respect the Courts' decision, I equally admire Governor Crist for seeking diversity...be it Women, Hispanic, African American, Asian or Native American.

The notion that no other nationality or gender other than Caucasian men qualifies does not pass the common sense test. If we are to have true diversity, the actions of this Governor, in this and recent cases is, in MY opinion, good. As a conservative Republican, I, think the Governor's decision is the right one. As Chief Executive of this state, it is incumbent to him to seek diversity.

We can never, ever achieve equality, so we must not fool ourselves! Someone, some group or some gender will always feel slighted, regardless of the best efforts connected to fairness. If the representation of our society is to be achieved, then the actions, remarkable efforts employed by Governor Crist should be considered. If we stop for a minute and think, the equality laws, its intent and design was the brainstorming of Caucasian men, why is it such an uproar when those intents and laws are used for the purposes intended or one person chose to look beyond the script for representation?

[CRIST=SPECTER]

Dear fellow Chuckles detractors:

Do not jump in celebration over this decision.

Yes, the Supreme Court slapped down this empty-suited, do-nothing, pandering piece of worthless political garbage, which means Chuckles took somewhat of a hit.

He should be ashamed and embarrassed that he, the state's previous attorney general, was slapped this way by the high court, exposing him as the legal and constitutional illiterate we all know him to be....that is, if he had any shame.

However, the truth is he could care less about the ruling. First of all, he knows regular, everyday voters aren't paying attention to any of this.

Secondly, now he is in a position to tell the liberal ethnic front groups he's been pandering to that he tried his hardest to do their bidding by using the bench as an exercise in ratial quotas and affirmitive action. The court's decision just lets him wash his hands of it while being a hero to those groups.

Regardless, all this further demonstrates to any sensible Floridian how Chuckles continues to exist in a perpetual state of disgrace.

[Old Fashioned]

What's everybody complaining about? It seems as though checks and balances are at work. The chief executive tried to do something beyond his scope and it was stopped by the judicial branch. Big deal.

[Hello?]

If the governor wanted diversity, maybe he shouldn't have picked so many white guys to be on the JNC. Hypocrite.

[NEW KID ON THE BLOG]

Well, at least this is one favor that Charlie will not be able to give to an unqualified friend.

If there is any doubt about what Charlie is all about, this should clear it up.

Charlie will be remembered as the best Governor of Florida
hat money could buy.