Lawsuit challenges Scott’s Supreme Court picks (again)

TALLAHASSEE – In a move that could determine the political balance of the Florida Supreme Court, two advocacy groups sued Republican Gov. Rick Scott on Thursday, contending he doesn’t have the power to appoint three justices to replace three members who must retire on the same day Scott’s term expires.

The justices rejected a similar previous suit as not ready for review because Scott hadn’t yet acted on the appointments. But last week Scott moved to convene the Judicial Nominating Commission to vet and recommend nominees, an action the League of Women Voters and Common Cause say oversteps his authority.

The state Constitution requires justices to retire once they turn 70 but allows them to finish a six-year term if they’ve already served half of it. As a result, Justices Barbara Pariente, Peggy Quince and Fred Lewis must retire by midnight Jan. 7, 2019, the same time Scott’s term ends.

The retiring justices make up three votes on the 4-3 liberal majority on the court. If Andrew Gillum, the Democratic nominee for governor, wins in November, it could set up a clash over which governor gets to make the appointments.

GOP nominee Ron DeSantis has stated he would have the

power to make the appointments if he wins, but as a fellow Republican interested in naming conservative justices to the bench, he would be expected to work with Scott on the appointments.

John Mills, attorney for the League, cited Article 5, Section 11 of the constitution, which states that “nominations shall be made within thirty days from the occurrence of a vacancy.”

“There’s not going to be a vacancy until January,” Mills said. “So [the JNC] does not have the authority to make nominations now.”

In calling the JNC to meet to make recommendations, Scott said he would invite the governorelect to interview the nominees. Pointing to 1998, when Gov. Lawton Chiles, a Democrat, and Gov.-elect Jeb Bush, a Republican, agreed to jointly appoint Quince.

“It’s disappointing that these partisan groups filed a politically motivated lawsuit that would create three prolonged vacancies on the Florida Supreme Court, contrary to all historical practice,” said Scott spokesman John Tupps. “The governor is following precedent set by Governor Chiles and has said in good faith that his expectation is that he and the governor-elect will agree on the selection of three new justices.”

Under state law, the JNC, a nine-member panel with five appointees of the governor and four appointees of the Florida Bar, reviews applications of candidates, conducts interviews and makes recommendations to the governor. The panel must submit at least three names for consideration.

Regardless of the lawsuit, the JNC will move ahead with its schedule for reviewing candidates, said its chairman Jason Unger, a Scott appointee.

“We have a constitutional and a legal duty to move forward,” Unger said.

Applications for the appointments are due Oct. 8, and Unger said the commission is looking at interviewing candidates the first week of November.