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    A Times Editorial

    Yes on judges' merit retentions


    © St. Petersburg Times
    published October 28, 2002

    Every six years members of Florida's appellate bench are subject to a merit retention vote. These judges and justices have been appointed by the governor from a list of nominees provided by judicial nominating commissions around the state.

    The purpose of merit retention is to give the electorate some input at every level of the state's judiciary. But, because these are not competitive races, it also serves to limit majoritarian pressures. The power voters are given to remove members of Florida's appellate courts who have not performed their duties in an ethical or competent manner is one that should be invoked sparingly. Any decision to remove a judge or justice should be based on a lack of professionalism, not the ideology espoused in opinions.

    Florida's appellate courts are divided into five districts. The 2nd District Court of Appeal covers a 14-county area, including Pinellas, Hillsborough and Pasco counties. This year, six judges from the 14-member court are facing merit retention, and they all deserve to be retained. A Florida Bar poll that queries thousands of attorneys across the state who are familiar with each judges' work, gave the 2nd DCA judges on the Nov. 5 ballot retention ratings of between 82 and 93 percent.

    Similarly, the two justices of the Florida Supreme Court who are facing retention elections should also remain on the bench. Eighty-two percent of Florida lawyers answering the Florida Bar poll recommended that Supreme Court Chief Justice Harry Lee Anstead be retained. His colleague, Justice Charles T. Wells, received a retention rating of 86 percent.

    The Times recommends a "yes" vote on the merit retention of 2nd DCA judges: Chris W. Altenbernd, Virginia M. Hernandez Covington, Carolyn K. Fulmer, Jerry R. Parker, Morris Silberman and James W. Whatley.

    The Times recommends a "yes" vote on the merit retention of Florida Supreme Court justices: Harry Lee Anstead and Charles T. Wells.

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