Chana3812
07-10-2006, 03:47 PM
COURTS
Suit: Scuttle vote for judges
A new lawsuit seeks to stop the election of 55 new Florida judges, who would instead be appointed by Gov. Jeb Bush.
By AMY SHERMAN AND GARY FINEOUT
asherman@MiamiHerald.com (asherman@MiamiHerald.com)
A panel responsible for nominating judges in Miami-Dade County has asked the Florida Supreme Court to stop the election of 55 new judges and allow Gov. Jeb Bush to appoint them instead.
If successful, the suit filed Thursday against Secretary of State Sue Cobb could lead to the appointment of more conservative judges in predominantly Democratic Broward County.
And it throws the campaigns of hundreds of potential candidates into limbo, just two weeks before they must commit to running for office. The qualifying period is July 17 through July 21.
The Legislature created the new judgeships this spring, as elected positions.
But a lawsuit filed by the Judicial Nominating Commission in Miami-Dade contends that the law violates the Florida Constitution.
The Constitution states that the governor fills circuit and county court vacancies, and its definition of a vacancy includes a newly created office.
''The Legislature is attempting to work its way around the Constitutional provision,'' said Marcos Jiménez, the attorney who is donating his time to press the suit.
Nova Southeastern University constitutional law professor Bob Jarvis said the JNC has a strong case.
''I think it will be very hard to argue against,'' Jarvis said. ``The Constitution is clear.''
Bush spokeswoman Kristy Campbell denied that Bush initiated the suit, but said, ``We are pleased they took action.''
At least a couple of lawyers involved in the suit have ties to Bush.
One JNC member, Rick Perez, was formerly general counsel for Secretary of State Glenda Hood and the lead lawyer defending the state in a flurry of election-related lawsuits in 2004.
Marcos Jiménez is a former U.S. Attorney and a member of the JNC for the Third District Court of Appeals. He is the brother of Frank Jiménez, a former top Bush aide.
''I think it's outrageous,'' said Alan Schreiber, Broward's former Public Defender. ``It's just a power grab.''
If Bush appoints, he'll mostly choose Republicans, Schreiber said. But the outcome would be different if voters in Broward -- one of the most liberal counties in the country -- choose the judges, he said.
But Hyram Montero, head of the Hispanic bar in Broward, said Bush gets high marks for diversifying the bench by appointing several Hispanic judges.
''If you look at Jeb Bush's appointments in Broward, I don't think you'd find uniformity of political thought,'' he said.
The lawsuit leaves candidates in limbo. Some already have committed thousands of dollars on brochures, buttons and advertising, which they likely can't recoup if the Supreme Court halts the election. The primary is Sept. 5.
''I have already spent close to $10,000,'' said Broward General Magistrate Marina Garcia Wood, a candidate for one of the six new seats in Broward. ``The timing is not very good for us.''
The lawsuit rekindles ....
Read more > http://www.miami.com/mld/miamiherald/news/local/states/florida/counties/broward_county/14991334.htm
Suit: Scuttle vote for judges
A new lawsuit seeks to stop the election of 55 new Florida judges, who would instead be appointed by Gov. Jeb Bush.
By AMY SHERMAN AND GARY FINEOUT
asherman@MiamiHerald.com (asherman@MiamiHerald.com)
A panel responsible for nominating judges in Miami-Dade County has asked the Florida Supreme Court to stop the election of 55 new judges and allow Gov. Jeb Bush to appoint them instead.
If successful, the suit filed Thursday against Secretary of State Sue Cobb could lead to the appointment of more conservative judges in predominantly Democratic Broward County.
And it throws the campaigns of hundreds of potential candidates into limbo, just two weeks before they must commit to running for office. The qualifying period is July 17 through July 21.
The Legislature created the new judgeships this spring, as elected positions.
But a lawsuit filed by the Judicial Nominating Commission in Miami-Dade contends that the law violates the Florida Constitution.
The Constitution states that the governor fills circuit and county court vacancies, and its definition of a vacancy includes a newly created office.
''The Legislature is attempting to work its way around the Constitutional provision,'' said Marcos Jiménez, the attorney who is donating his time to press the suit.
Nova Southeastern University constitutional law professor Bob Jarvis said the JNC has a strong case.
''I think it will be very hard to argue against,'' Jarvis said. ``The Constitution is clear.''
Bush spokeswoman Kristy Campbell denied that Bush initiated the suit, but said, ``We are pleased they took action.''
At least a couple of lawyers involved in the suit have ties to Bush.
One JNC member, Rick Perez, was formerly general counsel for Secretary of State Glenda Hood and the lead lawyer defending the state in a flurry of election-related lawsuits in 2004.
Marcos Jiménez is a former U.S. Attorney and a member of the JNC for the Third District Court of Appeals. He is the brother of Frank Jiménez, a former top Bush aide.
''I think it's outrageous,'' said Alan Schreiber, Broward's former Public Defender. ``It's just a power grab.''
If Bush appoints, he'll mostly choose Republicans, Schreiber said. But the outcome would be different if voters in Broward -- one of the most liberal counties in the country -- choose the judges, he said.
But Hyram Montero, head of the Hispanic bar in Broward, said Bush gets high marks for diversifying the bench by appointing several Hispanic judges.
''If you look at Jeb Bush's appointments in Broward, I don't think you'd find uniformity of political thought,'' he said.
The lawsuit leaves candidates in limbo. Some already have committed thousands of dollars on brochures, buttons and advertising, which they likely can't recoup if the Supreme Court halts the election. The primary is Sept. 5.
''I have already spent close to $10,000,'' said Broward General Magistrate Marina Garcia Wood, a candidate for one of the six new seats in Broward. ``The timing is not very good for us.''
The lawsuit rekindles ....
Read more > http://www.miami.com/mld/miamiherald/news/local/states/florida/counties/broward_county/14991334.htm