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Democrats can move to back of the line

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By ALICIA CALDWELL

© St. Petersburg Times,
published June 30, 2001


Maybe we should color code them.

Democratic judges could wear blue robes, and Republicans red. That would make it easier for ordinary people to keep up.

Some politicians already are keeping track, and it's likely to get more blatant.

The Legislature, having ripped up and reconstructed the state's judicial nominating commissions, gave the governor unprecedented control over the commissions. The commissions were created three decades ago -- to minimize politics in the selection of judges.

This month, we'll get a clear picture of Gov. Jeb Bush's intentions. He will name six of the nine members of the 6th Circuit Judicial Nominating Commission, which comprises Pinellas and Pasco counties. The JNC, as it is called, screens judicial applicants before sending three to six finalists to the governor.

If Bush's recent appointments can be looked to for hints, you'll see him pick Republican loyalists committed to choosing conservative judges.

You might argue that it's his prerogative to name people who will send him candidates with views like his.

It may be. But we need to realize that we're seeing the beginning of a swell of change that will wash over the judicial system for years to come. And something Republicans need to keep in mind is that they may not always have their hands on the steering wheel. What if a Democrat somehow became governor? Politics wouldn't seem quite so benign a presence in the courts.

For now, the stage seems set for a Republican judicial takeover. When Bush was in town recently, he said "shared vision" would play a part in who he chooses for the commissions.

"My guess is that we'll have more Republicans than Democrats," he said. "You know, I am a Republican."

A fact not lost on Democrats, only a few of whom applied for JNC slots in this circuit. A perusal of the 42 applications supplied by the Governor's Office, which ask for political party affiliation, show a lot of people who have caught the governor's drift.

One applicant cites a book by Robert Bork as influential in forming his opinions on who would make a good judge. Many turn up in campaign finance databases as having donated money to Republican candidates and causes. Others highlight their Republican connections.

Todd Pressman, a Republican political consultant from Oldsmar who has applied for the commission, said he enlisted at least four Republican politicians to write letters to the governor supporting his application.

"What better way to take the temperature of someone's philosophy than political affiliation?" asked Pressman.

Bush's previous two JNC appointments in this circuit would seem to support that. He named George Jirotka, lawyer to the Pinellas Republican Executive Committee, and Susan Bedinghaus, an assistant state attorney four years out of law school who is married to Pinellas Republican chairman Paul Bedinghaus.

Both are applying for reappointment. In a letter accompanying her application, Bedinghaus wrote that she was "committed to selecting persons who would best represent Governor Bush's ideals and principles."

The new focus on politics is something that Craig Laporte is well aware of. He was the chairman of the 6th Circuit JNC until the law changed. He is applying for reappointment.

Laporte is a Republican but says he doesn't "necessarily subscribe to all their views." Furthermore, he said he has not been involved in politics.

"I'm getting the feeling that is going to play to my disadvantage," said Laporte, a Port Richey lawyer. "I hope that some of the concerns that everyone has had are unfounded and the process does not become political. The judiciary is supposed to maintain independence from the political process. It may be wishful thinking.

"We'll see."

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