The Florida Republican Party this year broke with a nonpartisan
tradition in merit-retention elections by opposing the three justices
who will be on the Nov. 6 ballot for up-or-down votes.
They also have drawn opposition from Americans for Prosperity, a
group formed by the conservative billionaire brothers Charles and David
Koch, as well as a small, grass-roots organization that also
unsuccessfully campaigned against two other justices in 2010.
``Any time you have the threat of a judge making a decision
because he or she is looking over her shoulder or his shoulder as to who
has the check book behind you the next time around you've just defined a
corrupt system,'' said Justice R. Fred Lewis.
Lewis and his two colleagues spoke at a forum on merit retention
sponsored by the League of Women Voters and Florida State University's
law school. The justices said if opponents are successful in turning
them out of office, it would mean a return to the kind of corruption
that riddled the Supreme Court in the 1970s and led to the creation of
merit selection and retention in an effort to remove politics from the
judicial system.
The justices are asking voters for six more years. If they are
ousted, Republican Gov. Rick Scott would appoint replacements from
slates recommended by the Supreme Court Judicial Nominating Commission.
Lewis and Justice Barbara Pariente were appointed by Democratic
Gov. Lawton Chiles. Justice Peggy Quince was jointly appointed by Chiles
and Republican Jeb Bush when he was governor-elect. All have served a
two-year term as chief justice.
Florida voters have not removed anyone since the merit retention
system began in the 1970s for the justices and appellate court judges.
Pariente said each of the justices on this year's ballot have been
retained twice before without any organized opposition, but this time is
different.
``It is not about just the three of us, but it is about our
system, the fair and impartial judiciary,'' Pariente said. ``We cannot
have a state where judges and justices who are up for merit-retention
are fearful that they will lose their jobs simply because there is some
segment that has money and the ability to speak out and that wants to
intimidate the third branch of government.''
Florida Democratic Party Chairman Rod Smith has alleged the GOP's
opposition is ``nothing more than a partisan power grab'' by Scott.
Smith's Republican counterpart, Lenny Curry, denies Scott had
anything to do with his party's decision, saying the idea came from
rank-and-file Republicans.
``The charge of `injecting politics' into what is already an
issue before the voters is nonsense of the highest order,'' Curry wrote
in an op-ed column published in Florida newspapers. ``Judges in Florida
are appointed by politicians. They decide political issues all the
time.''
The party's executive board unanimously voted to oppose the
justices, citing their ``judicial activism'' and singling out a 5-2
ruling in 2003 that ordered a new trial for a convicted killer on
grounds his lawyer had been ineffective.
The U.S. Supreme Court set aside the ruling and restored Elton
Nixon's death sentence. He was convicted of kidnapping a woman from a Tallahassee mall, tying her to trees with jumper cables and then setting her on fire.
A television ad by Americans for Prosperity focuses on another
5-2 decision that removed from the 2010 ballot a state constitutional
amendment offered by the Republican-led Legislature. It would have
allowed Floridians to opt out of a requirement to obtain health
insurance under President Barack Obama's Affordable Care Act.
``Shouldn't our courts be above politics and protect our rights to choose?'' the ad asks.
The state, though, conceded the amendment's ballot summary was
inaccurate and misleading but asked the justices to substitute the body
of the proposal for the summary. The majority, including the three
justices up for merit retention this year, ruled that only the
Legislature had the power to rewrite the summary.
That's what lawmakers then did. The amendment is on this year's
ballot, but a U.S. Supreme Court ruling upholding the federal law likely
makes it a moot issue.
That's just one of several rulings that have upset Republicans,
going back to the state justices' refusal to stop Florida's 2000
presidential ballot recount. Again, they were overruled by the U.S.
Supreme Court, handing Republican George W. Bush a 537-vote victory that
gave him the presidency over Democrat Al Gore.