Battleground Florida -- How to buy justice in your state

John Hopkins
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Posted by John HopkinsOctober 31, 2012 10:17 AM

The justice system in Florida is under attack today. Well-funded political action committees (PAC’s) supported by the Kansas billionaires, the Koch brothers, and those led by Karl Rove are trying to buy the justice system to make it work for them and their special interests.

Today, in the National Law Journal, two former Supreme Court Justices spoke out; Former Chief Justice of the Arizona Supreme Court Ruth V. McGregor and former Chief Justice of the Indiana Supreme Court Randall T. Shepard. Both of these justices were appointed by Republican governors and they have no partisan axe to grind. These justices are in fear of PAC’s buying justice one state at a time:

“For more than a decade, special interests have engaged in increasingly partisan efforts to tilt the scales of justice, spending tens of millions of dollars to elect judges whom they believe fit their political beliefs. Now these assaults on America's courts are expanding in troubling new ways and in dimensions we have never witnessed.

In states as dissimilar as Florida and Iowa, interest groups are seeking to oust judges because they disagree with a few rulings in controversial cases. By focusing on retention elections — a historically low-key vote focusing on judges' professional qualifications — these groups have threatened to puncture a protective shield that keeps politics outside the courthouse.”

Justice McGregor and Justice Shepard both well understand the function of merit retention races and the design they be non-partisan in which justices are reviewed for their competence and ethics, but not assaulted with a handful of rulings cherry picked from thousands they have decided.

This year, Florida saw a single political party come out and assault three competent and ethical Supreme Court Justices; injecting politics right into the heart of 2012 merit retention votes. Justices Lewis, Pariente and Quince have had a few cases they have decided twisted and spun to fit the needs of special interests to label them as “activist judges”.

Florida has seen its chief lawyer, Attorney General Pam Bondi, run from defending the merit retention process and supporting the ideal of keeping politics out of the courts. Ms. Bondi has opted for a “no comment” position.

The man who stands to gain the most from defeat of these justices is Florida’s governor and leader of the Florida Republican Party, Rick Scott. Mr. Scott will be permitted the opportunity to appoint justices who he believes will vote “his way”, rather than justices who will uphold the law and the constitution.

To add insult to injury, this year we are also faced with rumors of badly designed ballots, printer errors on ballots, confusing constitutional amendments and voters coming to vote only to be told they already have voted.

So, for the remainder of America; beware your courts and justice in your respective state are not put upon the auction blocks for the most powerful, richest in the country to bid on and to purchase their own special brand of justice. Sadly, I am afraid we have turned back the clock to the “good ol’ days” when robber barons controlled politicians and justice was a commodity instead of a right.

2 Comments

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Mark BelloInjury Board Attorney Member
Posted by Mark Bello
November 02, 2012 12:00 PM

Outstanding post, John. This pre-election behavior should scare everyone. That millions, if not billions, of dollars are now poured into local and state elections by out-of state money, just to benefit billionaires and billion dollar insurance companies while denying appropriate justice to citizens, is disgusting. People who go to work every day, pay their taxes, pay their insurance premiums, deserve better than to have their important issues decided by a court system that is being systematically purchased by out-of-town corporate special interests. The only way to stop this? Educate yourselves! Find out who these bought and paid for candidates are, expose them, and get out and vote in huge numbers for "the other guys". Nice work, John. Regards, Mark

John HopkinsInjury Board Contributor
Posted by John Hopkins
November 02, 2012 1:04 PM

Thanks Mark. The influx of big PAC money and the new strategic assaults has been a real education -- and a sad one. It seems like it has become more about parties than government and more about money than who will do the best job. Voters are so barraged with political rhetoric and, in some cases. outright lies that education is the only way to see the forest from the trees this year.

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