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Gov. Crist, lawyers argue over diversity of 6 judicial nominees
Aaron Deslatte
Tallahassee Bureau
December 5, 2008
TALLAHASSEE
Gov. Charlie Crist this week rejected six nominees submitted to him for an open seat on the 5th District Court of Appeal, saying the list wasn't sufficiently diverse because it contained no black nominees.
But instead of giving him a new list, a nominating commission of Central Florida lawyers took the unorthodox step of telling the governor to, in effect, pound sand.
Melbourne lawyer James Fallace, chairman of the commission, wrote to Crist on Thursday that after more "deliberation," it would resend the same names.
"It is the firm opinion and belief of our Commission that the above-named list of nominees certified to you on Nov. 6, 2008 . . . consists of the most qualified applications for nomination and your consideration for the current vacancy," Fallace wrote.
Crist has taken some heat over the diversity of his judicial appointments since he named two white men to vacancies on the Florida Supreme Court, including one created by the resignation of a Hispanic judge.
Monday, the governor sent back the six nominees to the Judicial Nominating Commission for Central Florida's 5th District. He complained that the list submitted for an opening on the Daytona Beach-based court of appeals excluded "at least three well-qualified" black candidates who were among the 26 that applied.
Crist singled out two of the applicants, Orange-Osceola Chief Circuit Judge Belvin Perry Jr. and Circuit Judge Hubert Grimes of Volusia County, as qualified for the seat.
"I requested that you give due consideration to diversity in the nominating process," the governor wrote.
The opening was created by the upcoming Jan. 5 resignation of Robert Pleus Jr. of Orlando.
Florida's Constitution dilutes the governor's power over judicial appointments. The governor appoints members of judicial nominating commissions, who in turn recommend up to six candidates for a vacant appellate or Supreme Court seat. The governor then must choose one of those nominees.
Several judicial watchers said Thursday that the showdown was highly unusual.
Crist's office would not comment on whether he would reject the list again or appoint one of the six nominees: four men and two women. Fallace also would not comment.
At least one organization that supports black lawyers, the Virgil Hawkins Florida chapter of the National Bar Association, applauded the governor's move.
Apopka lawyer Rachelle Munson, the group's president, said the chapter "strongly feels that the courts should reflect the diversity of this state. To that end, any ideology or belief that goes contrary to that is a disservice to this state and the community," she said.
"Absolutely there are qualified African-Americans that are worthy of consideration."
But one appellate lawyer applauded the panel's decision to stick by its guns.
Shannon Carlyle of The Villages wrote a letter of recommendation for one of the six nominees, Ocala defense lawyer Angela Flowers, and said Crist's move "undermines the entire judicial selection process."
She also pointed out that only one of the 5th District's 10 judges is a woman and that Crist's action potentially kept a qualified woman from joining the appeals court. The court also has one black judge.
"His demand is an accusation that the [commission] engaged in a discriminatory practice against minority candidates, and is wholly unwarranted," said Carlyle, a registered Democrat who said she was a Barack Obama delegate to the Democratic National Convention.
"I would have no qualms if the six recommended were all black, Hispanic, white, men, women, purple, yellow, ugly or supermodels," she said, "as long as they were the most qualified."
Aaron Deslatte can be reached at adeslatte@orlandosentinel.com or 850-222-5564.
Copyright © 2008, Orlando Sentinel
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