Governor wants judge off judicial powers case

TALLAHASSEE Gov. Rick Scott wants Florida Supreme Court Justice Barbara Pariente to recuse herself from deciding a case that could determine who appoints her successor and the makeup of the court for years to come.

Attorneys for Scott’s office filed the motion Monday, citing Pariente’s remarks after Nov. 1 oral arguments in the case. After the hearing, Pariente showed Chief Justice Jorge Labarga a paper with the names of the Judicial Nominating Committee members, a panel that recommends justices to Scott whenever there’s a court vacancy.

Since the case centered on Scott’s power to appoint justices at the end of his term, but didn’t directly concern the JNC, Scott believes Pariente shouldn’t take part in the decision. “Governor Scott is reasonably in doubt that this case will not be decided fairly, impartially and on the law alone,” Daniel Nordby, general counsel for Scott, wrote in the filing. Nordby is a JNC member.

At issue is whether Scott, whose term ends Jan. 8, 2019, has the power to appoint three justices who must retire by the end of his term.

Three justices — Pariente, Peggy Quince and Fred Lewis — must retire by that date because of a constitutional requirement that justices leave the bench once they turn 70, but after they finish a six-year term.

All three justices are considered part of the liberal bloc that