Bar kicks off merit retention education project: 'our government will not survive without an independent, competent judiciary'.

"If not judicial retention, what do you do?"

It's been almost 40 years since former Gov. Reubin Askew helped push through a series of court reforms that included the 1976 constitutional amendment creating merit's election and retention for Florida's appellate bench, and his passion for the subject, as shown by that question, remains.

Askew made the comment in the aftermath of participating in a May 1 press conference organized by The Florida Bar to kick off its voter education program on the merit retention system.

The effort is called, "The Vote's in Your Court. Judicial merit retention. Know the facts."

Besides Askew, the event included Bar President Scott Hawkins, President-elect Gwynne Young, National Bar Association President Darryl Parks, former Florida State University and ABA President Sandy D'Alemberte, and Marilynn Wills, second vice president of the Florida League of Women Voters.

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The Bar also held press conferences in Tampa and Miami as part of the project's launch, which included former U.S. Sen. Bob Graham; Steve Zack, the immediate past president of the ABA; and Lazaro Mur, chair of the Florida State Hispanic Chamber of Commerce.

In his prepared comments, Askew noted that in 1971 he gave up the governor's unilateral power to fill midterm judicial vacancies in favor of the judicial nominating commission process, which was eventually included in the Florida Constitution. He supported the 1976 constitutional amendment that ended direct, contested elections for the appellate bench and instead substituted merit selection and retention.

Even almost 40 years later, Askew said the direct election system had serious problems.

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"They [appellate judges running for reelection] had to defend themselves against other candidates and faced criticism for campaigning for the office, which by its very nature was expected to be separated from political pressure and considerations," Askew said. "This practice brought into question a judge's ability to be impartial and continues to be one of several issues central to public debate about judicial selection. As Floridians, we should be proud of our merit selection and merit retention processes. They help keep politics out of the courtroom and go a long way to promoting fair and impartial court proceedings."

Several of the speakers emphasized Askew's point that merit selection and retention was not imposed on Floridians but rather was a system they...