Justices hear court appointment dispute
TALLAHASSEE (AP) – Gov. Charlie Crist must appoint an appellate judge from a list of six white nominees even though it lacks the racial diversity Crist demanded, one of Florida’s best-known lawyers told the state Supreme Court on Wednesday.
Florida State University President Emeritus Talbot “Sandy” D’Alemberte based his argument on a state constitutional provision specifying governors “shall” appoint judges from names submitted by judicial nominating commissions.
D’Alemberte, a former president of the American Bar Association and now a law professor at Florida State, said suspicions of corruption or wrongdoing might be exceptions allowing the governor to pass over the list. He said that was a hypothetical issue, though, because none has been alleged.
D’Alemberte is representing – without fee – retired 5th District Court of Appeal Judge Robert J. Pleus Jr.
D’Alemberte asked the justices to order that Crist appoint Pleus’ replacement on the 10 member court, which has no black judges, from the six nominees – four men and two women.
The nominating process is designed to reduce the influence of politics in judicial appointments.
While lauding Crist’s diversity goal, D’Alemberte argued that permitting the governor to thumb his nose at the process could let a future racist or sexist chief executive reject all-black or all-female slates.
The high court will rule at a later date.
“The constitution says what is says and I have confidence that they’re going to follow the law,” Pleus said after the argument. “There have been no allegations whatsoever of impropriety or corruption or influence or anything else.”
His confidence was bolstered by tough questioning Crist’s general counsel, Jason Gonzalez, received from the justices.
Gonzalez told them the governor hopes the 5th District Court of Appeal Judicial Nominating Commission, which refused Crist’s demand to reconsider and submit a more diverse list, will agree to start over and “clear the air.”