by Bradley Parsons
Staff Writer
The Miami-Dade County Judicial Nominating Commission has asked the Florida Supreme Court to change 55 statewide judicial vacancies from elected offices to positions appointed by the governor.
If the Court agrees, Gov. Jeb Bush would fill Duval County’s four vacancies on the Circuit and County courts instead of voters. Some local candidates are wondering what impact the petition from the 11th Circuit JNC will have on an already manic campaign season.
“I think this puts anybody who runs for these seats in an awkward spot,” said Duval County Court Judge Tyrie Boyer, a candidate for the Group 34 Circuit Court opening. “I think most people thought these positions would be filled by election. People have already spent money on campaigning.”
The Court has already granted one request from the JNC: its argument will be heard quickly. The Court directed Secretary of State Sue Cobb to respond by July 21 to the JNC’s brief.
That’s the last day that candidates can qualify to run for the seats. So the method of filling the seats could be unsettled when qualifying closes.
Boyer said he’s come to expect some twists and turns from the campaign. The campaign season already got a late start. The bill creating the vacancies passed June 10 without Bush’s signature.
“Sometimes things shift. This certainly represents a shift in the campaign,” said Boyer. “But things could shift again.”
Boyer said he won’t make any decision regarding his campaign until after he reviews the JNC’s brief, filed July 6 by Miami attorney Marcos Jimenez, a former federal prosecutor.
Jimenez contends the Legislature violated the Florida Constitution by putting the vacancies on the November ballot. A 1996 amendment calls for judicial vacancies to be filled by the governor with appointees, who would then seek re-election, according to the brief.
Parts of the brief echo comments from Bush when he allowed the bill, HB 113, to pass without his signature. A Florida Bar News story reported that Bush told Cobb in a letter that he thought the Legislature had violated the 1996 amendment.
Since Bush sent the letter, rumors have been swirling that one or more of the JNCs would challenge the law. Mary Bland Love, a partner at Gobelman, Love, Gavin and Wasilenko and immediate past chairwoman of the local Fourth District JNC, said she’d heard a challenge might be coming. Love’s term on the JNC recently expired.
“This could be the first of quite a few,” said Love.
Virginia Norton, an attorney with the City’s Office of the General Counsel and a candidate for the County Court vacancy, said she’d also heard the rumors of a challenge. She said the dispute won’t affect her campaign though.
“I’m just pushing ahead with my campaign,” said Norton.