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Senators collaborate on judicial nominees

By LUCY MORGAN
Published June 18, 2005

ST. PETERSBURG - U.S. Senators Bill Nelson and Mel Martinez are reestablishing a joint judicial nominating commission to review federal judiciary appointments.

They have yet to select members of the commission, but have agreed to recreate the sort of system used by former senators Bob Graham, a Democrat, and Connie Mack, a Republican.

The privilege of nominating federal judges and marshals traditionally goes to the senator who shares the president's party, but Mack and Graham established a commission and jointly agreed on the nominations regardless of which party controlled the White House.

In a joint appearance Friday at a Leadership Florida reunion in St. Petersburg, Martinez, a Republican, and Nelson, a Democrat, said they think they can agree on potential appointments. And if Nelson has serious objections to a nominee, Martinez said he would not advance the name to the White House.

"I'm planning for 2008 when there might be a Democrat in the White House," Martinez said."I want to be sure we get the best and brightest appointees."

It is yet another sign the two senators are working together despite their party differences, including to block oil drilling off Florida shores.

They already have agreed on one nominee for a federal judge's position in North Florida: Panama City trial lawyer J. Richard Smoak. Smoak would fill a vacancy created by Judge Roger O. Vinson's move to retire. Vinson will continue as a senior judge.

Once the commission is in place, Nelson and Martinez said they will jointly interview candidates and determine who should be nominated.

Circuit Judge Terry Lewis of Tallahassee asked the senators why a party would select judges who appear to have extremist views when those people would probably take extremist positions on the bench instead of assuring an independent judiciary.

Nelson and Martinez said they want to see highly qualified nominees who possess judicial temperament and can administer the law fairly and impartially.

Martinez added that he also wants nominees with good ethics who are knowledgeable about the law and see their roles as judicial, not legislative.

"I'm looking forward to a future where we can go back and look at judges who want to offer themselves for public service," Martinez said.

[Last modified June 18, 2005, 00:44:03]