SERIOUS PERSONAL INJURY & WRONGFUL DEATH TRIAL ATTORNEYS
Upcoming Merit Retention Vote
Merit retention is a system of selecting Justices established by the voters
when they amended the Florida Constitution in 1976. Under merit retention,
the Governor appoints new Justices from a list of 3 – 6 names submitted
by a Judicial Nominating Commission. 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 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 Justices will be replaced with those chosen
by the Governor from a list of 3 – 6 names submitted by a Judicial
Nominating Commission, which is composed of:
a. Three members appointed by the Board of Governors of the Florida Bar
from among Florida Bar members who are actively engaged in the practice
of law with offices within the territorial jurisdiction of the affected
court, district or circuit;
b. Three electors who reside in the territorial jurisdiction of the court
or circuit appointed by the governor; and
c. Three electors who reside in the territorial jurisdiction of the court
or circuit and who are not members of the bar of Florida, selected and
appointed by a majority vote of the other six members of the Commission.
While the process means these members of the bench do not campaign and
meet with voters in a traditional sense, merit retention has served Florida
well. It has provided a measure of insulation from the political pressures
which might distract these officials from carrying out their duties based
solely on how they see points of law.
The three Florida Supreme Court justices facing a retention vote in November are:
BARBARA J. PARIENTE (Took office in 1997)
R. FRED LEWIS (Took office in 1999)
PEGGY A. QUINCE (Took office in 1999)
Many people believe that the justices are under assault by conservative
groups who want to re-make the court to take unrivaled control of all
three branches of government. This is a dangerous attempt to politicize
the state's highest court and deliver new seats for Gov. Rick Scott to fill.
Please become aware of the current climate facing our judiciary and come
to an informed decision before voting next month. We also ask that you
advise your clients of this matter.