Reform Florida’s judicial selection system to take partisan politics out of the process
In an alarming trend, political influences have become a major threat to the independence and diversity of our courts and their ability to ensure equal justice for all Floridians. This is particularly true when it comes to the process for nominating judges to our state courts. Now, more than ever, lawmakers must recommit to an independent and diverse judiciary by passing critically needed reforms — House Bill 161 and Senate Bill 544 — designed to limit the outsized influence that the executive branch has over court appointments and to ensure a bench that is reflective of our diverse state.
In the 1970s, Florida established Judicial Nominating Commissions (JNCs) to bring an independent, nonpartisan voice to the process for appointing judges. The JNCs used to be composed of lawyers and those who were not lawyers, each appointed by different groups in order to act independently as a check on executive power. In those days, Florida was considered a model for judicial selection.
However, that changed in 2001 when then Gov.
Jeb Bush signed a law broadening the executive branch’s authority to control judicial picks. Among the ill-advised changes was the ability for governors to reject all the recommendations submitted for judicial openings by the Florida
Bar. This change forced the non-partisan, official licensing organization for Florida attorneys to resubmit nominees until they choose one that pleases the governor.
Between 2010-18, thenGov. Rick Scott rejected approximately 90 Florida Bar recommendations for JNCs and pushed these commissions closer to being a political arm of the Governor’s Office. And as soon as Ron DeSantis became governor in 2019, he reshaped our previously balanced high court. The result is a state Supreme Court composed of partisan appointees, and with no Black representation for the first time in more than three decades in a state with 3.4 million Black residents.
As of 2018, Florida’s population was estimated at 21.4 percent Hispanic and 16 percent African American. Yet a Florida Access to Justice report found that across the state’s judiciary, fewer than 9 percent of judges were Hispanic, and fewer than 7 percent African American. Overall, people of color represent about 40 percent of Florida’s population, but less than 20 percent of state judges.
The American Constitution Society for Law and Policy issued “The Gavel Gap,” a report giving Florida an overall F grade when comparing the race and gender composition of state judges and the communities they serve.
It’s little wonder there are no African-American justices on the state Supreme Court. Under the current system, many minority judges don’t even bother to apply for vacancies. And the most qualified and independent judges are routinely being passed over to fill vacant seats. For example, in December, DeSantis was widely criticized for appointing Mary Alice “Molly” Nardella to the Fifth District Court of Appeal. Unlike the other nominees, Nardella had limited experience and qualifications — aside from meeting DeSantis’ political litmus test.
HB 161 and SB 544 introduced this year would ensure the JNCs are truly nonpartisan, removing any governor’s outsized influence over the nominating committees and eliminating conflicts of interest by those who serve. It would also require that, when making an appointment, the governor, Board of Governors of the Florida Bar and members make selections that reflect the diversity, as well as the geographic distribution, of the population within a court’s jurisdiction.
Floridians recognize the importance of protecting the integrity and independence of the third branch of government, our courts, has never been more critical. By passing JNC reforms we can be assured Florida’s judiciary will reflect our diverse state and be free from the undue influence of partisan politics and special-interest money — with access to justice for all.