State Sen. Perry Thurston Jr. (D-Fort Lauderdale) plans to introduce legislation changing the way members are appointed to the Judicial Nominating Commission.
“The system as it stands now is just a rubber stamp for the governor,” Thurston told the Florida Record.
For the first time in 41 years, there are no Black justices on the Florida Supreme Court after nominee Renatha Francis was disqualified because she had not been a member of the Florida bar for 10 years, Thurston wrote in an opinion piece for Floridapolitics.com
“The way Florida selects judges is a big part of the problem,” Thurston wrote. “Qualified Black attorneys seeking a judicial appointment can only wonder if merit counts for anything.”
The judicial nominating commissions once held “a cross section of people and ideas so you could get a cross section of personalities and individuals serving on the various levels of the judiciary,” the senator told the Record.
The governor currently appoints all nine members of Judicial Nominating Commissions for the Supreme Court, appellate districts, and circuit courts.
Under Thurston’s proposed legislation, the governor would only be allowed to appoint three members of those nominating commissions. The Florida Bar would also appoint three members. Those six members could then appoint three additional other members.
“Because they are different-thinking individuals, it’s highly likely that they’re going to bring some different views to the table and that’s how you are going to get the diversity that we want,” Thurston said.
Florida has some great judges, the legislator said.
“But I guess they are of the opinion that if they don’t agree with the governor, they probably won’t be considered,” Thurston said.
The governor has “all kinds of litmus tests” for judicial candidates, Thurston said.
“We want to put an end to all that,” he said.
He is calling for the resignations of the current JNC members in addition to changing the way the members are chosen.