Bill changing Bar's JNC role moves.

A bill altering The Florida Bar's participation in the selection of judicial nominating commission members and for the first time involve legislators in that process is advancing in the House.

HB 753 passed the House Subcommittee on Civil Justice and Claims over the Bar's objections on January 30. Sponsored by Rep. Frank White, R-Pensacola, the bill as amended by the subcommittee would have the Bar make its three nominations for each of four vacancies on each JNC to the speaker of the House and the Senate president instead of the governor.

However, the speaker and president would be able to add names to that list and that list would be published for comment before the speaker and president make their final choices. Each would fill two seats on each of the 26 JNCs. The governor would continue to directly appoint the remaining five members of each JNC.

White supported the amendment by Rep. Erin Grall, R-Vero Beach--and like White an attorney --that would allow the Bar to submit three names to the legislative appointing authorities and allowing the Senate president and House speaker to add names before the slate was publicized. The original bill had the speaker and president making their picks without Bar input. Grall's amendment also required the lawyers chosen by the speaker and president be in active practice and not retired or on inactive status.

White said there currently is no check on the Bar's JNC nominations to the governor, while his proposal ensures that all branches of government are represented. The judicial branch is represented because six of the nine members of each JNC must be lawyers, the legislative branch will fill four seats, and the governor will have five appointments, he said.

"It makes sense to spread the power to pick the pickers of our judiciary across three branches," White said.

That final list would also be subject to a 30-day public comment period.

"That adds transparency to the process and would still allow the Bar time to comment on any additional names that are added to that list," Grall said.

The amendment passed on a voice vote.

Warren Husband, a Bar legislative counsel, said the Bar remained opposed to the bill despite Grall's amendment. He noted in the early '70s the JNC process was set up at the behest of then-Gov. Reuben Askew after the judiciary was rocked by scandals. In that reform system, the Bar made three appointments, the governor made three, and those six chose an additional three public members.

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