Florida Supreme Court: 2 "Justices" Up For Vote In 2002!

The Florida Supreme Court (Kangaroo Court) ^ | 03/28/02 | Recovering Democrat

[Recovering_Democrat]

Merit Retention & Mandatory Retirement
Of Justices Of the Supreme Court

Merit retention is a system of selecting Justices established by the voters when they amended the Florida Constitution in the 1970s. Under merit retention, the Governor appoints new Justices from a list of three to six names submitted by a Judicial Nominating Commission. The Governor must select from the list. Once appointed, Justices eventually must face the voters in a "yes" or "no" vote as to whether they should remain in office.

New Justices face their first merit retention vote in the next general election that occurs more than one year after their appointment. If not retained in office, the Justice will be replaced in the same manner appointed.

If retained, the Justice serves a six-year term beginning in early January following the merit retention election. The Justices then will again face an up or down vote in the general election occurring just before the six-year term expires. If not retained in office, the Justice will be replaced through the Judicial Nominating Commission system.

All terms of Justices end in early January of the year following their merit retention elections.

The Florida Constitution establishes a mandatory retirement age for Justices that occurs on or after their 70th birthdays. The exact date of retirement depends upon when the 70th birthday occurs. If it occurs during the first half of a Justice's six-year term, then the mandatory retirement age is the same as the birthday. If the 70th birthday occurs in the second half of a Justice's six-year term, then the Justice can remain in office until the full term expires.

Information About Current Justices

LEANDER J. SHAW, JR. Appointed1983- Mandatory retirement 2003
MAJOR B. HARDING Appointed 1991- Merit retention vote 2004
CHARLES T. WELLS Appointed1994- Merit retention vote 2002
HARRY LEE ANSTEAD Appointed1994- Merit retention vote 2002
BARBARA J. PARIENTE Appointed 1997- Merit retention vote 2006
R. FRED LEWIS Appointed 1999- Merit retention vote 2006
PEGGY A. QUINCE Appointed 1999- Merit retention vote 2006

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All inquiries about this page:

 Craig Waters, (850) 414-7641, s/c 994-7641, watersc@flcourts.org

[Recovering_Democrat]

With the news today of Major Harding's retirement, conservatives in Florida should celebrate. Remember, too, that
1.Chief Justice WELLS and
2.Justice ANSTEAD
are up for a vote in 2002--Conservatives, if they turn out en masse at the polls in November, SHOULD BE ABLE TO SEND THESE TWO LIBERALS PACKING. And it would be the right thing to do. Remember the Kangaroo Seven tried to steal the election for Al Gore in the year 2000. Their behavior was flagrantly political, and the liberals on the bench must be sent a message.

On the positive side, this would provide Jeb Bush to put at least THREE good, conservative justices on the Supreme Court of Florida--and if the Republicans keep control of the legislature of Florida, there shouldn't be a Patrick Leahy-type blockage.

[Steven W.]

Anstead was a joke and a disgrace to the bench. Wells, however, had a change of reason once he and the SCOFFLAW were scolded by the SCOTUS and urged his brethern to show some common sense and obey the law; unfortunately Anstead and the others were so partisan as to be totally blind to the US Constitution. Is that a saving grace for (then) Chief Justice Wells? don't know, but worthy of some consideration.

[Armando Guerra]

With Harding retiring this year and Shaw retiring next year, we need to make sure Wells and Anstead do not survive the retention vote this year. Florida very much needs to have justices to counter Pariente, Lewis and Quince who do not come up for vote until 2006. Unfortunately, it is easier said then done. The merit retention votes are usually an automatic deal as most of the electorate is too ignorant to know who the judges are. It will take a concerted effort to remind everyone to vote "no". All good Florida Freepers need to get as many people as possible to vote against retention.

[Kryptonite]

Wells did dissent from the decision eventually resulting in Bush v. Gore in the SCOTUS, but yeah, he's a liberal. Conservatives need to understand that the single most important thing that needs to be done in this country is to at least balance the judiciary after many years of Democrats stacking the deck against us. The most awful things that happen in this country (and what could be made better) happens as a result of court decisions like Roe v. Wade and not as a result of elected legislators or executives. Sadly, not many people know just how much work needs to be done after Slick and Hitlery stacked the federal deck as well. Bush and the other Pubbie pols never got it the way litigating attorneys do.

[ken5050]

N. Sanders Sauls?.......what are the odds?

[f.Christian]

Where is Larry Klayman---Judicial Watch...

why isn't he investigating---prosecuting these monkeys...the USSC too---seriously.

We need a new party--Realatarians!

[CA Conservative]

...and if the Republicans keep control of the legislature of Florida, there shouldn't be a Patrick Leahy-type blockage.

I could be wrong, but I don't think the Florida legislature has a say in this at all. The Governor makes the appointment, and the public had the consent power, via the merit retention. So no filibuster or delaying tactic by the state senate is possible.

[Ross Amann]

Agreed!! The strongest message would be to dump Anstead and retain Wells!

[Congressman Billybob]

Absent able leadership, adequate funding for media, and serious campaigning, the SCFLA judges who covered themselves in embarrassment in 2000 will win their "merit retention" elections. Someone from Florida can probably get access to the success rate in "retention" elections there, Odds are, it will be about the same as the 97% reelection rate that members of the House of Representatives will achieve, this fall.

Congressman Billybob

Click here to fight Shays-Meehan.

Click here for latest column: "Does Anybody READ the Constitution?"

[Recovering_Democrat]

IMO, no, Wells is not worthy of keeping on the bench. Of course the voters of the state of Florida get to decide. But he knew he was making bad law when the first decision came down. Whatever his reasons for his dissent (political?) later, it doesn't matter. "See ya, Charlie" is what I'd decide.

[Armando Guerra]

Odds are, it will be about the same as the 97% reelection rate that members of the House of Representatives will achieve, this fall.

I do not remember what the merit retention rates are, but since it is only a "yes" or "no" with no competition, I would not doubt a closer to 99.5% retention rate. That is why I hope there is a concerted effort and those who, in the past, have ignored the vote make the effort this time around.

[ao98]

Here is an article about the 2000 Supreme Court retention election

Three Florida Supreme Court justices facing a merit retention vote in Tuesday's election overwhelmingly retained their seats. Justices R. Fred Lewis, Barbara J. Pariente and Peggy A. Quince each retained their seats to the state's highest court. No Florida justice has ever been rejected from office, and the three faced no organized opposition.

In early returns, each justice was winning retention by nearly a 3-to-1 ratio. Lewis, 52, a former private attorney from Miami; Pariente, 51, a former personal injury attorney from West Palm Beach; and Quince, 52, a former Tampa-based judge for the 2nd District Court of Appeal, were appointed by the late Gov. Lawton Chiles.

[Armando Guerra]

Okay, so the retention rate was not 99.5% as I guessed but 100%. However, a 75-25 in favor split may actually not be insurmountable given the heightened awareness this time around. The only question will be whether the Republicans will be more in favor of getting rid of them than the DemocRats will be in favor of keeping them. And, will the Republican anti-vote be strong enough to overcome the usual rubber-stamp crowd. It will be an effort, but I think it can be done. I also think it can be done with a grass-roots effort. No Republican in Florida should vote "yes" for a bunch of judges who were so willing to re-write the election laws just to favor their guy, and then do it again when they still didn't get the outcome they wanted.

[ijcr]

Not if the Florida Bar are involved,and that is the Judicial Nominating Commission.

Here is the crux of the issue,the Florida Supreme Court is the vehicle of lawyer discipline in Florida.Every lawyer that violates his or her ethical codes, commits a felony, rips off a client or is charged with any crime, is investigated by the FSC.

The Florida Bar wants fluffy Supremes otherwise the profession will be short quite a few members instead of the 6mths suspensions etc being issued.

[Salvation]

AWAY with the SCOFLAWS!

[dead]

[AmishDude]

I think the best strategy is to attack Anstead relentlessly and make him the focus. He should be blamed for "embarassing Florida" in the eyes of the rest of the country. Wells should be criticized, but more lightly. Also, an emphasis should be put on accountability and that a message can be sent to other jurists that they are, in fact accountable.

Anstead is much more vulnerable, IMHO, and there's no sense in losing votes to people who think it's nothing more than partisan.

[fightinJAG]

Yes, Chief Justice Wells did show some testosterone when he stood up to his ninny colleagues and argued that they should, well, obey the law. For that, perhaps, he deserves a reprieve. But the rest of those clowns---what an embarrassing excuse for lawyers, not to mention judges, not to mention Supreme Court Justices. Not only are they partisan, they are stupid.