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

forms a 4-3 majority on the court. If Scott were to appoint their successors, he could entrench a conservative majority for decades as his last act in office. But if the court decides his successor gets to appoint them, and a Democrat wins the governor’s race next year, the slim liberal majority could be maintained.

Pariente was appointed to the court in 1997 by thenGov. Lawton Chiles, a Democrat. The case was brought by the League of Women Voters, a left-leaning voters rights group.

In an unusual move, Scott filed a public records request with the Supreme Court earlier this month to catch the “hot mic” incident at the end of the oral arguments. Pariente can be seen showing the JNC list to Labarga.

Labarga says the word “Panuccio” referring to JNC member Jesse Panuccio, and Pariente responds by saying “crazy.” Labarga later says “Izzy Reyes” — referring to Israel Reyes, another JNC member — “is on there; he’ll listen to me.”

“Justice Pariente’s past remarks cast grave doubt on her ability to take an objective and unbiased position when evaluating Governor Scott’s authority in this case,” Scott spokesman McKinley Lewis wrote in a statement. “She must be disqualified to ensure a fair decision.”