NAACP Says “Specter Of Racial Discrimination” Has Been Raised By Florida “Merit” Board
April 28, 2009
Did Florida’s judicial nominating commission discriminate against minority candidates after bypassing three “well-qualified” African Americans to fill a vacancy on the state’s Fifth District Court of Appeals? Florida’s NAACP is certainly concerned. In a blistering Amicus Brief filed with the Florida Supreme Court, the NAACP charged that “the specter of racial discrimination has been raised” by the commission’s actions and argued that the commission’s secret deliberations “fail to provide any measure of accountability in the event of misconduct or discrimination.”
Explosive charges indeed – and yet another example of how “merit” selection schemes have failed to keep politics out of judicial selection, while turning the process of picking judges into a clubby, insider’s game with no public oversight.
A good summary of the battle du jour can be found in the Orlando Sentinel, but here’s the gist: Back in December, the Fifth Judicial Nominating Commission sent Gov. Charlie Crist a list of six nominees that failed to include any minority candidates. Gov. Crist asked the commission to reconsider its list given its professed commitment to diversity on the bench, noting that at least three well-qualified African Americans had applied, including two sitting circuit court judges. The commission has refused and the retiring judge whose vacancy must be filled wants the Florida Supreme Court to order Gov. Crist to pick a name from the original list.
While the governor can suspend a commission member for misconduct (like discriminating against African American nominees), this is a useless check against abuse because the governor is locked out of the smoke-filled room along with everyone else. As the NAACP put it:
“At present, the Governor has no authority to access information with respect to potential misconduct or discrimination by the JNCs to aid in his determination as to whether suspension or removal is warranted…. Accordingly, the Florida NAACP respectfully requests that this Honorable Court exercise its Article V powers and amend the JNC rules of procedure to allow a governor to obtain the requisite documents and transcripts to investigate misconduct or discrimination within the nominating process.”
In Tennessee, Missouri and now Florida, proponents of government transparency and public accountability are pushing for judicial nominating commissions to come out from behind closed doors. After being called out by the Florida NAACP, isn’t it time for even the most diehard “merit” selection advocates to give up on the idea that our judges should be chosen in secret?
Posted by Dan Pero in the categories: Florida, Judicial Elections
3 Responses to “NAACP Says “Specter Of Racial Discrimination” Has Been Raised By Florida “Merit” Board”
[...] submit qualified minority candidates. The problem grew so bad in Florida that the state’s NAACP filed an amicus brief with the state Supreme Court charging that “the specter of racial discrimination has been [...]
[...] over the lack of diversity of its judicial nominees. About a year ago, Florida’s NAACP filed a blistering Amicus Brief with the Florida Supreme Court charging “the specter of racial discrimination has been raised” [...]
[...] list, noting that at least three well-qualified African Americans had applied. As I pointed out at the time, the commission’s decision to bypass well-qualified minorities led the Florida NAACP to charge [...]