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Senator calls for high court reforms
By JIM ROSS © St. Petersburg Times, published January 5, 2001 The election saga shined a spotlight on the Florida Supreme Court. But a lot of people had been complaining about the justices for years, and state Sen. Anna Cowin heard their cries. Now Cowin said the time is right for legislation that would significantly change the way Florida elects and retains members of its highest court. As it stands, a nominating commission screens candidates and recommends finalists to the governor, who selects one for appointment. Justices stand for merit retention every six years, with voters choosing to retain or remove them. There is no opportunity for a candidate to directly oppose a justice; the court's members simply run on their records. Cowin said justices should go through elections just as county and circuit judges do. Those judges are open to challenge from other candidates. Term limits for justices might be part of a reform package, as well. And the senator said she will push, as she has in the past, for reform of the nominating commissions, which she considers too secretive. "I'm looking at different scenarios now," Cowin said Thursday. "I may have a series of different bills." Cowin, R-Leesburg, represents District 11 in the state Senate. That district includes Citrus County east of County Road 491. She won re-election in November, handily defeating Leslie Scales of Ocala. Cowin correctly notes that no justice has ever lost a merit retention election. That reality, coupled with the nominating process, had produced a court that is out of step with the state's residents, the senator said. Democratic governors have appointed six of the seven justices. Gov. Jeb Bush and the late Lawton Chiles jointly appointed the seventh. Cowin said she realized any change in the system of electing justices would require a change to the state Constitution and require a statewide vote. That's fine by her. "The decision would be made by the people," Cowin said. "I'm trying to bring it up so we can have a debate and have a real solution. What's happened over the years, and I've seen it time and time again, is that the judicial branch oversteps its bounds." The most recent example, in Cowin's eyes, came late last year, when the state Supreme Court issued two rulings that critics said went too far in expanding -- or interpreting -- election law. Cowin said she received countless calls from constituents who complained about what they considered the high court's activist approach. The senator has heard, and lodged, similar complaints concerning the justices' opinions on death penalty law. "They are acting in our (lawmakers') capacity," Cowin said. "What we had here with the recent election is just the most visible" manifestation. "We need to do something to fix it," Cowin said. "Now is the time to get this dialogue going, find out what the best approach is." © 2006 • All Rights Reserved • Tampa Bay Times
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