TALLAHASSEE, Fla. – The House narrowly approved a proposed constitutional amendment Wednesday that would limit Florida appellate court judges and Supreme Court justices to two full terms, in a move that could serve as a springboard for the initiative in the future.
The proposal (HJR 197) is not expected to gain traction this year in the Senate, where a companion bill (SJR 322) has been stalled since it was filed in September. But the idea, a priority of future House Speaker Richard Corcoran, R-Land O' Lakes, is also unlikely to go away.
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Lawmakers approved the amendment on a 76-38 vote, giving it four votes more than needed to clear the House. Constitutional amendments have to gain the approval of a three-fifths majority in both the House and Senate, then carry at least 60 percent of the vote in a referendum.
Three Republicans -- Reps. Jay Fant of Jacksonville, George Moraitis of Fort Lauderdale and Patrick Rooney of West Palm Beach -- joined Democrats in opposing the amendment.
Supporters of the measure argued that it would provide new blood to the judiciary and prevent governors from using their power to appoint judges -- who must run in merit-retention elections every six years -- to pack the courts.
"Because of our system of the governor appointing, our system allows for abuse of that gubernatorial privilege, where a governor can appoint very young members of the Bar ... that then serve a very long time, in my opinion, in that important policymaking position," said Rep. John Wood, a Winter Haven Republican who sponsored the proposal.
But Democrats noted that the proposal followed years of efforts to overhaul the Supreme Court and a series of significant legal defeats for Republican leaders. The court's more-liberal majority -- including the three longest-serving justices -- has emerged as the last roadblock in state government for the GOP, which controls the Legislature, all three Cabinet positions and the governor's mansion.
Most recently, House and Senate leaders have lost almost every case in a years-long legal battle over the state's congressional legislative districts.
"But if you were to pick a sport, any sport at all, and your team is losing game after game, I am of the belief that your first response should be to practice more, to train more, perhaps even develop better techniques," said Rep. Evan Jenne, D-Dania Beach. "What you shouldn't do is complain about the referees and demand new ones."
Opponents also argued that the amendment could cause the judiciary to face some of the same "revolving door" complaints now aimed at the Legislature, where members often return after short breaks to lobby their former colleagues. Rep. Jared Moskowitz, D-Coral Springs, said judges could spend 12 years on the bench and then use their influence in their private careers.
"You're creating the largest revolving door with the last sacred institution in government," Moskowitz said.
But Rep. Larry Metz, R-Yalaha, said there were positive reasons to support the bill.
"The good reason is that there are plenty of quality people to come behind term-limited public servants who set policy, and that has a positive impact because when you get new ideas and new talent in those policy-making positions, you get better results," Metz said.