Three Florida Supreme Court justices and 15 appellate judges are up for merit retention in the Nov. 6 general election, but what the system is — and what it isn’t — has been the focus of an educational push by members of the legal community.
Florida Supreme Court Justice Barbara Pariente visited Jacksonville on Monday to attend The Jacksonville Bar Association luncheon and discuss merit retention elections as the bench and the bar work to educate the public on the process.
“Merit retention was never designed to be a Republican or Democratic issue, quite the opposite. It’s not a liberal or conservative issue, quite the opposite. It was the result of a vision of having a judiciary that would not be subject to the whims of political change and public opinion polls,” said Pariente.
Merit retention is a system of selecting justices established by the voters when they amended the Florida Constitution in the 1970s. Under the system, 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 on the bench. 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.
Justices’ merit retention races are conducted on a statewide basis.
If retained, the justice serves a six-year term beginning in early January following the merit retention election. The justices will again face an up-or-down vote in the general election that is just before the six-year term expires. If not retained in office, the justice will be replaced through the judicial nominating commission system.
“We know the public wants a judiciary free from politics, a judiciary that is fair and impartial. They want a democracy faithful to the separation of powers and checks and balances. You as lawyers and leaders in this community will be a critical part of this educational endeavor,” said Pariente.
The Jacksonville Bar Association President Ray Driver agreed about the responsibility of the legal community addressing the issue of merit retention.
“One of the things about this issue is how political it has become and that is not the way we should treat our judiciary,” said Driver.
“As Justice Pariente said, it is our responsibility as lawyers to educate ourselves and educate those around us, because these issues, a lot of times, I think we take them for granted because they get caught up in what we do every single day. For the average person, these issues can be a little complicated,” said Driver.
Pariente is one of three justices up for a retention vote this November, but she assured The JBA members that she was not speaking out about merit retention solely on her own behalf.
“I know some of you may think that this is just a matter of self-interest, but it’s not. It’s in the interest of preserving what makes this state’s judiciary great and all the values that make us great as a state and a country. Please join me in ensuring that these principles are not compromised. The time to stand up is now,” she said.
Information on merit retention elections can be found on The Florida Bar website at www.flabar.org and the Florida Supreme Court website at www.floridasupremecourt.org.
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