Bar board opposes term limits for the judiciary.

Term limits for any state court judges in Florida, either on the trial or appellate bench, is a bad idea, according to The Florida Bar.

The Bar's Board of Governors at its December 4 meeting unanimously approved the recommendation of its Legislation Committee to adopt an official legislative position opposing judicial term limits at all levels for Florida state courts. The issue has come up as joint resolutions have been introduced in the Florida House and Senate to send a constitutional amendment to voters setting term limits for Supreme Court justices and district courts of appeal judges.

Some Bar sections prepared their own identical request to advocate against term limits for state courts.

Since October, the Legislation Committee has been collecting and considering information on the issue.

"We have done our due diligence. We have heard from our members in the circuits; we have heard from our sections," said committee Chair Michael Tanner, adding that media op-eds have also editorialized against the proposal. "Those are uniformly against term limits.

"It is the view of the committee that term limits for judges is bad policy for the citizens of the state of Florida."

Tanner said the committee had received an opinion from outside counsel Barry Richard that The Florida Bar does have the authority to advocate on the proposed constitutional amendment.

He said the committee recommended, "The board vote for The Florida Bar to adopt a position in opposition to the legislation that would establish term limits for judges at any level of the courts of the state of Florida."

Without discussion, the board voted unanimously to find that the subject was within the purview of the Bar for legislative activity and then--in another vote--unanimously to approve the position.

"The committee will request that our legislative consultants--when they are asked about this, and undoubtedly they will by other branches of government--they make it clear this was done in a deliberative way. We heard from our members. And this position has broad support among our members," Tanner said. "It was done with respect to the Legislature and the other branches of government, but we believe this is best for the citizens of the state of Florida."

A formal notice of the new legislative position is in this Bar News on page 5.

The Young Lawyers Division and the Business Law, Appellate Practice, and Trial Lawyer sections had taken steps to formalize their own legislative positons...