Judicial questionnaires suit may have JNC implications: Coxe's concern is personal views, not qualifications, could dominate interviews.

Florida Bar President Hank Coxe has warned that efforts to quiz by questionnaire judicial candidates on the ballot this year about their personal views could lead to asking similar questions during judicial nomination commission proceedings.

Coxe told the Judicial Nominating Procedures Committee, when it met during the Bar's recent General Meeting, that he believes many of the questions asked of judicial candidates by two conservative groups are inappropriate and would be wrong if asked during JNC interviews.

Coxe said he was concerned that if one of the groups, the Florida Family Policy Council, is successful in a federal case it filed August 28 in Tallahassee, that the JNCs might be encouraged to ask judicial applicants about personal religious issues and other inappropriate topics.

"You want judges who will follow the law, and if that is true, what is the purpose of these questions, unless you want people who will rule your way?" he said.

Both the FFPC and the Christian Coalition have sent questionnaires to candidates seeking election to Florida's trial courts and appellate judges and justices up for merit retention this fall. Candidates were asked for their views on topics such as abortion and gay marriage.

The Christian Coalition questionnaire also included questions such as, "Have you had a life- changing experience with Jesus Christ?" and "Do you believe the word of God (Bible) is inerrant?" The questionnaire indicates it wants a yes or no answer to both questions.

The Supreme Court's Judicial Ethics Advisory Committee has issued an opinion on the FFPC questionnaire, saying under Florida judicial canons candidates can answer the questions as long as they make it clear they will follow the law and precedent once on the bench. The committee also noted that those who answer the questions might have to recuse themselves if an issue they have expressed an opinion on comes before them on the bench.

The FFPC responded by seeking an injunction in the federal Northern District Court of Florida, saying that the canons and the opinion chill candidates' First Amendment rights and violates the U.S. Supreme Court's recent ruling in Minnesota v. White, 536 U.S. 765 (2002). The FFPC is seeking to prevent the Judicial Qualifications Commission from enforcing the canons.

The JNCs review applicants and nominate finalists to the governor for midterm and some new trial court vacancies and for all openings on the appellate bench.

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