noembed noembed

Commentary, sarcasm and snide remarks from a Florida resident of over thirty years. Being a glutton for punishment is a requirement for residency here. Who am I? I've been called a moonbat by Michelle Malkin, a Right Wing Nut by Daily Kos, and middle of the road by Florida blog State of Sunshine. Tell me what you think.

Tuesday, July 18, 2006

Florida the rules are different here Chapter XXXIV

Our state Supreme Court Justices need remedial classes in state constitutional law. First there is this news.

There are two dozen candidates for newly created judge jobs in Collier and Lee counties who may never see their names on a ballot. That's because thanks to a lawsuit filed by the Judicial Nominating Committee of the 11th Judicial Circuit in Miami- Dade, there may be no election at all.

In a suit filed against Secretary of State Sue Cobb last week, the JNC, which offers names for the governor to consider for appointments, claims the law the state Legislature passed this year creating 67 new judgeships across Florida is unconstitutional.

The legislation was written to call for the appointment of some judges and the election of others.

The problem, according to the suit, is the state's Constitution calls for the governor to fill vacancies, including newly created positions.

The claim is that the legislation was an attempt to deprive the governor of his authority to appoint judges. By writing the law to require elections, the Legislature violated the separation of powers required in the state Constitution, the suit says.

Gov. Jeb Bush did not sign the bill, allowing it to become law without his signature on July 1.

Instead, JNC members with ties to Bush filed the suit.

State Rep. Jeff Kottkamp, R- Cape Coral, says the move leaves hundreds of judicial candidates across the state in legal limbo.

Kottkamp said the bill, which called for appointing some of the judges and having the rest stand for election, was a compromise that resulted from the Senate's reluctance to have them all appointed.
The article went on to note how some people quit jobs to run for these vacancies. Similiar tales of 'hardship' were told in other Florida papers.

That's irrelevant. When a judicial vacancy is created by death or resignation, the Governor of Florida gets to make the appointment. The same should apply if the legislature creates more judicial positions.

Apparently those seven knuckleheads in Tallahassee need a refresher on the state constitution.

TALLAHASSEE - The Florida Supreme Court on Friday shot down a lawsuit that would have blocked the election of 55 new judges across the state.

The ruling means that dozens of judicial candidates, including those vying for six new judgeships in Broward County and four in Miami-Dade County, can qualify for the ballot next week.

Justices ruled 4-2, but did not fully explain their reasons. That alarmed dissenting Justice Raoul Cantero who said there was a ''very strong argument'' that a new law which called for the election of the new judges violates the Florida constitution.

Cantero said he was worried that the court decided to rule Friday because of fears that a delay would disrupt elections. Candidates for state offices and the new judgeships must qualify for office between Monday and Friday next week.

''I would prefer not to rush our ruling on the merits of a close constitutional question virtually certain to arise again in the future,'' Cantero wrote.
No explanation given! Seems to me the four justices in the majority had no legal justification and by their order ducked having to supply one.

State Supreme Court justices who don't know the state constitution and re-write it as they please. Isn't this a great state or what.

Open Post- Bright & Early, Right Wing Nation, Basil's Blog, Jo's Cafe,

Listed on BlogShares