News Detail
Pennington shareholder, Cynthia Tunnicliff weighs in on importance of judicial diversity in Florida courts
(01/14/2009, Pennington News Release )
Judicial diversity is a priority
By Cynthia Tunnicliff
Published Wednesday, December 31, 2008
The recent controversy created by the addition of a nominee for the at-large vacancy on the Florida Supreme Court has many Floridians wondering what is the process for selecting the judiciary in our state.
The intention is that judicial nominating commissions (JNCs) review and select a slate of names that are then submitted to the governor. Ultimately it is the governor who picks the final appointee who will serve on the state's judiciary. JNCs are made up of members appointed by the governor with several of the appointees including candidates recommended by the Florida Bar.
Apparently, the present controversy has arisen because the governor has asked several JNCs, including the Supreme Court Judicial Nominating Commission, to make sure they are sending him the most diverse pool of candidates possible.
Diversity in its broadest sense is extremely important in judicial selection. This includes diversity of race, gender, ethnicity and experience.
Judicial decisionmaking is enhanced by the diversity brought to the process. Similarly, confidence in judicial decisionmaking is enhanced by having a judiciary that reflects the diversity of Florida's population.
Allowing judicial nominating commissions to give the governor more options only enhances the possibility of a more diverse judiciary. There is nothing improper with the governor asking for more names or the JNC sending more names. A 1996 attorney general's opinion affirmed the fact that the JNC could send additional names to the governor if the names did not exceed six and were sent to the governor before a judge had been selected to fill a vacancy.
The JNC should be commended for attempting to provide the governor with a list of diverse nominees.
Cynthia Tunnicliff, Tallahassee
Editor's note: Cynthia Tunnicliff has served on the Supreme Court Judicial Nominating Commission and as chair of the 2nd Judicial Circuit Nominating Commission and the 1st District Court of Appeal Nominating Commission.