How “Merit” Selection Restricts Diversity On State Courts
January 29, 2009
Florida State Senator Tony Hill – a Democrat who serves as minority whip – weighs in with an oped in the Tallahassee Democrat on the troubling lack of diversity in judicial candidates selected by Florida’s judicial nominating commissions. As Sen. Hill points out, Gov. Charlie Crist has twice sent back lists from the nominating commission for the 5th District Court of Appeals and recently rejected the Supreme Court nominating commissions list of nominees – all because commissioners failed to deliver a slate of candidates that reflected Florida’s diversity. As Sen. Hill wrote:
“Well-qualified minorities are applying to these open judicial posts, but few are making it past the supposedly apolitical nominating commissions, leaving one to wonder what the commissioners’ motivations may be. If the governor himself continually calls for and asks for more diversity in his choices, why isn’t he being listened to?”
Of course, since the commissioners’ meetings are conducted in secret, with absolutely no public accountability and no record of the proceedings, their “motivations” will forever remain a mystery, not just to the people of Florida, but to state political leaders like Sen. Hill. Sen. Hill makes an impassioned plea to the commissioners set to meet tomorrow to compile a list of nominees to fill another Supreme Court vacancy to send Gov. Crist candidates that are “a better selection of the people of Florida.”
It’s unfortunate that an honorable public servant like Sen. Hill has to turn to the oped pages to influence the secret selectors of Florida’s high court judges, but I understand his plight.
Here’s another idea: Why not let the commission continue its secret meetings and allow it to send the governor a list of recommended nominees reflecting the combined wisdom of this august body; but permit the governor to nominate any candidate from the vast pool of Florida residents qualified to serve on the courts? That way Gov. Crist would be accountable because the final selection was his and his alone. If Sen. Hill or any other legislator had questions about the governor’s “motivations” or worried about the lack of diversity on the courts, he could take his case directly to the people, who could express their preferences at the ballot box.
Surely this is a better way to ensure that Florida’s rich diversity is reflected on the courts, rather than pleading with the all-powerful commissioners before they disappear behind closed doors.
Posted by Dan Pero in the categories: Florida, Judicial Elections
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[...] A Florida blogger has a diferent take on the foolishness of merit [...]