Term limits threaten an independent judicial system

Alexander Hamilton argued in The Federalist Papers No. 78 that those who have both the skill and integrity to be quality judges are few and far between. Unfortunately, Florida’s Legislature is not yielding to Hamilton’s advice and is currently considering a measure that would further shrink the pool of quality judges, reduce diversity on the bench and erode confidence in the court system.

The proposed constitutional amendments (HJR 1, passed by the House, and SJR 482, pending in the Senate) that would impose term limits on appeals court judges will shake the foundation of an impartial judiciary that is vital to our democracy. This measure subjects Florida to a risky experiment — one that no other state has undertaken — that will hurt businesses that depend on stability in the courts and jeopardize the quality of the judiciary, and marks a direct attack on the independence of the third branch of government.

Term limits would create a revolving door of inexperienced judges causing both families and business to suffer as our judiciary will be ill-equipped to resolve the conflicts impacting their daily lives.

Judges must be held accountable when they violate the trust of the people, but in Florida, they already are. Judges who violate judicial canons are prosecuted by the Judicial Qualifications Commission and disciplined by the Supreme Court. Florida’s Constitution also provides for impeachment of judges by the House of Representatives and trial by the Senate.

Through merit selection, judges are also accountable to Florida voters. Florida’s judicial nominating commissions thoroughly recruit and evaluate judicial candidates, ensuring only high-character, well-respected individuals serve on the bench. Additionally, Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot for retention in nonpartisan elections every six years.

Fairness, experience, competence and consistency form the foundation of an impartial judiciary as a co-equal branch of government. We must remain vigilant in preserving a judiciary that is independent and free from political pressure, because our democracy is not up for grabs.