By Gary Blankenship and Jan Pudlow
Senior Editors

A Florida House subcommittee, proposing at a furious pace bills and constitutional amendments affecting the Florida Supreme Court and the court system, has been advised to take a cautious approach by Florida Bar President Mayanne Downs.

“You’re moving at a pace that we don’t typically move with,” Downs told the House Civil Justice Committee at its March 17 meeting. “We’re in the process of evaluating and are keenly interested in what you’re proposing and what you’re seriously considering. These changes are substantial and considerable and would affect all of the citizens of Florida. . . .

“We deeply respect this branch’s interest in these Art. V issues. We get how important it is to you. It is important to us.”

Even though Downs urged caution, the committee later at that meeting approved a constitutional amendment splitting the Supreme Court into separate criminal and civil supreme courts, approved a bill to implement that amendment if it’s approved by voters, approved another amendment requiring Senate confirmation of the governor’s district court of appeal and Supreme Court appointments, and approved a bill to completely remove the Bar from the appointment process for judicial nominating commissions and increase the governor’s control over JNCs.

At an earlier meeting, the committee approved other proposed constitutional amendments that would have the Legislature take control of court procedural rules from the Supreme Court and require DCA judges and Supreme Court justices to receive 60 percent approval in their retention elections.

Downs did not address those two items at the March 17 meeting, but offered thoughts on bills the committee acted on that day. She noted the Bar had no formal position on the measures, but that they would be considered by the Bar Board of Governors at its March 25 meeting (after this News went to press).

On the proposal to divide the Supreme Court into separate civil and criminal courts, Downs urged “caution and careful, careful consideration about systemic changes that will affect all of us for a long time to come.”

She told lawmakers that she knew they share “our core value” of “the efficient administration of justice . . . because that’s what the citizens of Florida are constitutionally guaranteed and that’s all of our obligations to provide.”

Secondly, Downs said: “If you want someone to be responsible for running something, you have to give them the power to operate their own deal.”

Lastly, she said, “It’s important to note that those of us who see and watch the court on a daily basis and practice there have absolutely no evidence to suggest that they do anything but a very, very good job in efficiently managing their docket.”

On the JNC bill, Downs said the Bar has only a small, but valuable, “footprint” in that process. Currently, the governor appoints all nine members of each JNC, but four of those appointments are made from slates nominated by the Bar. The governor, though, can reject the Bar’s nominees as many times as he wants and request a new slate.

“On the JNCs, we think it’s a good system, it’s a strong system, and it’s an accountable system, and we think you should keep it in play,” Downs said. “We think that works well to everyone’s advantage.”

She noted she has both helped pick JNC slates and been through the JNC screening process.

“I saw the work and the effort and in some cases the agony those members went through when those members sought to make recommendations to the governor. I’ve seen it up close and personal, and I think it works,” Downs said.

Rep. Martin Kiar, D-Parkland, asked Downs about politics in the JNC process.

“We believe the JNC process recognizes the appropriate level of political accountability. There should be a political part of the process; the question is the balance,” Downs said. “We [the Bar] think it does provide the appropriate balance between political effect and the political tactics that could be too strong.”

On Senate confirmation of appellate appointments, Downs said the Bar has never specifically studied that issue or taken a position.

“The notion of this branch of government, and by that I mean the legislative and not the House, having a role in the process is certainly something the citizens of Florida want to hear discussed and want to hear more about,” she said.

She thanked the committee for its willingness to listen.

“We very much appreciate, as the Bar, an opportunity to provide input to you. We have a long partnership with the Legislature; it’s a branch of government we obviously respect,” Downs told the committee. “We look forward to the opportunity . . . to have some input to you about specific issues on, frankly, all the bills you’re looking at.”