A tussle over a judicial vacancy

Gov. Charlie Crist wants the Supreme Court to advise him on whether a sudden vacancy on the county court bench in Tallahassee should be filled by appointment or election. The case pits Crist against the local election supervisor, Ion Sancho, who says th epost should be filled by election and filed a lawsuit Monday seeking to clarify the situation.

Here's what happened: Leon County Judge Tim Harley announced last week he would not run again for health reasons, and he announced his decision in the middle of the five-day qualifying period (April 28-May 2), effective midnight April 30. The local judicial nominating commission immediately said it would accept applications for the post -- with the goal of forwarding least three finalists to Crist. At the same time, Sancho accepted qualifying papers from three lawyers who want to run for the vacancy.

In a five-page letter to Chief Justice Fred Lewis, Crist wrote: "A rule preventing interim appointment to fill such vacancies would result in surprise last-minute contests that would be skewed in favor of a small pool of members of the Bar possessing inside information and those with the wherewithal to mobilize for a campaign very, very quickly."

Speculative list of justice candidates

Florida legal circles were spinning on Friday at news of Justice Raoul Cantero's resignation and already people started floating names.

His departure marks the first of three appointments Crist will get to make, because Justice Harry Lee Anstead, 70, and Justice Charles Wells, 69, have to retire next year due to age restrictions in the Constitution.

Here's a speculative list of names of folks who may or may not ask to be considered by the Judicial Nominating Commission: First District Court of Appeals Judges Ricky Polston, Clay Roberts and Phil Padovano.

Other possibilities include Crist’s former chief legal advisor Chris Kise and former U.S. Attorney Roberto Martinez
who is on the State Board of Education. And even Miami Republican Sen. Alex Villalobos who was an early Crist supporter.

Who else?

-- Jennifer Liberto and Lucy Morgan

Latest battle in 1st DCA war

Attorneys for 1st District Court of Appeal Judge Michael E. Allen on Tuesday asked the Florida Supreme Court to block the Judicial Qualifications Commission from proceeding against him.

It marks the first time a judge has asked the high court to step in and stop the JQC. Read story here.

Gay marriage ban unncessary, leader says

A Constitutional Amendment to ban gay and lesbian marriage was compared today with amendments prohibiting pregnant pigs and creating high-speed rail.

Patricia Ireland, former president of the National Organization for Women, told  Tallahassee’s Capital Tiger Bay Club that the amendment is yet another example of something that should not be in the Florida Constitution.

"There are more important things that belong in our Constitution,'' Ireland said, noting that passage of the amendment would result in dozens of lawsuits against governmental agencies that now provide benefits for unmarried Floridians.

Orlando lawyer John Stemberger said the amendment is needed to protect marriage from the possibility of future court decisions that might recognize gay marriages. The amendment would put existing law into the state Constitution and guard against polygamy and group marriage, he insisted.

Patricia Ireland v. John Stemberger

The former NOW president will  debate Florida4Marriage's leader on the Florida Marriage Protection  Amendment at the Tallahassee Tiger Bay Club on Wednesday, March 26. 

Pickens urges TBRC to address class size

Speaking before the Taxation and Budget Reform Commission, Palatka Rep. Joe Pickens urged the members to put before voters a constitutional amendment that would address what critics say are unreasonable, unflexible standards for the state's previously approved class size amendment.

"I'm not here saying we can't afford it, but I think we shouldn't afford. it," said the Republican, pointman on education issues in his chamber. "I think we could spend the money giving teachers higher salaries."

He asked the commission to "ask the voters...for something much more practical, and much more reasonable."

Meanwhile, House Rep. David Simmons' committee just put together proposed legislation to make the class size calculations more flexible.

Lesley Blackner staying put

Lesley Blackner, the environmental attorney and major force behind Hometown Democracy, is continuing her fight to get the initiative to the ballot. 

Rumors were swirling last week, in part because Hometown Democracy didn't make the 2008 ballot, that she was giving it all up to become a purse designer. While Blacker has been making cloth purses for a few friends as encouragement to dump their leather bags for environmental reasons, she's not giving up the Hometown Democracy initiative.

"I don’t know where that came from," Blackner said. "No, it's not true." 

But, if she saw a widespread need or interest for her cloth purses, she would make more and donate her proceeds to Hometown Democracy, she added.