Give Gillen term, even if he can’t finish it

Voters have an easy choice in the Palm Beach County Circuit Court Group 16 race.

Challenger Henry Quinn Johnson is a solid candidate. He was a solid candidate two years ago, when he finished third in a three-candidate race for an open circuit court seat.

This year, Johnson is challenging an incumbent, Jeffrey Gillen. Such a challenge rarely happens. We believe voters should turn out an incumbent only when there is good reason. With Gillen, there is no good reason.

Every two years, the Palm Beach County Bar Association asks its members to assess circuit and county court judges across nine categories. Only lawyers who have practiced before a judge are supposed to rate her or him.

Such surveys aren’t scientific, but over the years the polls generally have identified problem judges. Some surveys have led to successful election challenges.

Gillen, though, consistently has scored well since former Gov. Rick Scott appointed him to the bench eight years ago. In the 2019 survey, the great majority of respondents rated him excellent or satisfactory in every category. That also was the case in the 2017 and 2015 surveys.

Gillen made clear to the Sun Sentinel Editorial Board that he doesn’t like having a challenger. “I am not happy that I’m having to campaign. It’s an annoyance, but I’ll deal with it.” He won a full six-year term in 2014 without opposition.

Johnson points out that Gillen would not be able to serve out his term because he will turn 75 — the mandatory retirement age for judges — before it ends. But Gillen would be able to serve almost 90 percent of the term, after which the governor would appoint someone for the balance. A few months difference is not enough to make this an issue.

In addition, because Gillen got to the bench through a gubernatorial appointment, he underwent a thorough vetting by the Judicial Nominating Commission. The panel rigorously screens applicants and recommends finalists to the governor. Appointees are much less likely to later face discipline for misconduct.

After service in the Army, including as a Judge Advocate General, Johnson was a state prosecutor and operated a solo practice. He then handled foreclosure cases for a private firm until March, when he was laid off.

Johnson criticized Gillen’s handling of a custody case that drew national attention. A mother who had agreed that her son could be circumcised reneged when the time arrived. Gillen ruled that she could not change her mind. Despite the fervor, the 4th District Court of Appeal upheld Gillen’s decision.

Johnson is African-American. Especially in these times, we acknowledge the need for more diversity on the bench. Because of appointments by Rick Scott and Ron DeSantis, the 4th District Court of Appeal now includes no African-Americans among its 12 members. The court serves Broward and Palm

Beach counties.

In this case, though, race alone is not sufficient. “There’s no reason that the electorate should want to unseat me,” Gillen said. “I’m doing a very good job.”

We agree. The Sun Sentinel recommends Jeffrey Gillen for Group 16 of the Palm Beach County Circuit Court.

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