House panel hears Art. V bill.

Fending off legislation that would dramatically politicize the judiciary and gut The Florida Bar, President Herman Russomanno came to the House Committee on Judicial Oversight armed with the firepower of legal luminaries with the combined, experience of 462 years.

Former Florida Supreme Court Justices Alan Sundberg and Stephen Grimes stepped up to the podium March 14 to register, grave concerns about several bills that would dramatically change the way courts are run and how justices get their jobs, as well as strip the Bar of its unified role in fully regulating lawyers and eliminate its role in the judicial nominating commission process.

They were joined by former Bar presidents Ben Hill III and John Frost, Florida Bar Board of Governors lay members Dr. Alvin Smith and Vivian Hobbs, Eighth Circuit Judge Stan Morris, Virgil Hawkins Florida Chapter of the National Bar Association President Craig Gibbs, Cuban American Bar Association President Michael Diaz, Kelly O'Keefe of Florida Association for Women Lawyers, and lawyers Barry Richard and Thorn Rumberger. (see story page 9)

All echoed the sentiments of Russomanno, who said: "Simply stated, The Florida Bar takes the position that this bill, as written, is an assault on the independence of the Bar and an assault on the independence of the court. It would politicize the process and set back our system of justice well over 100 years.... We want to bring our case to the people, because if you understand the role of the Bar and the role of the court and the separation of powers, you will see the. flaws, the fatal flaws, in this legislation."

Drastic changes to the courts and Bar, as proposed in joint resolution HJR 627 by Rep. Fred Brummer, R-Apopka, would strip the Bar of its authority to comprehensively regulate Florida's 68,000 lawyers; create by statute "Super District Courts of Appeal" with exclusive statewide jurisdiction on any issue; require a two-thirds vote, rather than the current majority, to retain appellate judges; and would eliminate judicial nominating commissions, giving the governor the sole authority to nominate and appoint judges, with advice and consent of the Senate.

Other aspects of Brummer's bill eliminate the distinction between substantive law and procedural rules, require that all court rules conform to statutes, and authorize the legislature to repeal rules by a simple majority, rather than the current two-thirds vote.

Members of the Judiciary Oversight Committee also heard briefly from Rep. Carey Baker, R-Eustis, an HJR 655 that would require lawyers to run for statewide election to serve as justices of the Supreme Court and would limit their terms to eight years, as well as Rep. Randy Johnson, R-Winter...

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