Notes For Tuesday, December 31, 2002

A CHICKEN IN EVERY POT. A window in every legislator's office. Johnnie Byrd does Herbert Hoover. 8:25 AM [Go to current Florida Politics site (no popup ads)]

JUDGE FOR YOURSELF. Gov Bush selected Pensacola Judge Kenneth B. Bell to the Florida Supreme Courtto replace Justice Leander Shaw, the court's first black chief justice. Shaw is a progressive; Bell is something else entirely. The Miami Herald writes that Mr. Bell:

- Is a conservative real-estate attorney turned circuit judge.

- Is only 46 years old, and will be able to serve for 24 years until the mandatory retirement age of 70.

- Argues that "the courts must recognize their role as the `weakest branch of government' and pay due deference to the legislative and executive branches.'' (emphasis supplied.)

- Accordingly, critics said "Bell would do his part to ensure the state's highest court would be less likely to rule against Bush or the Republican-led Legislature -- regardless of whether the laws and decisions violated the state Constitution."

- Bell claims "no moral opposition to the death penalty . . . [But does] have some questions given how complicated and expensive it is, whether it is practical.''

- Promoted his candidcacy to the court via a "slick website", which "many in the legal community considered unseemly lobbying".

Bell's belief that the courts are the `weakest branch of government' and pay due deference to the legislative and executive branches'" borders on the bizzare. It is well settled that the judiciary is a "co-equal branch. The Floirda Supreme Court is charged with protecting the fundamental rights of individuals against the tyranny of the majority (as expressed by the actions of the Legislative and Executive branches).

The Florida Supreme Court wrote the following 1978:

"'It is axiomatic that the courts must be independent and must not be subject to the whim of either the executive or legislative departments. The security of human rights and the safety of free institutions require freedom of action on the part of the court. Courts from time immemorial have been the refuge of those who have been aggrieved and oppressed by official and arbitrary actions under the guise of governmental authority. It is the protector of those oppressed by unwarranted official acts under the assumption of authority. Our sense of justice tells us that a court is not free if it is under financial pressure, whether it be from a city council or other legislative body, in the consideration of the rights of some individual who is affected by some alleged autocratic or unauthorized official action of such a body. One who controls the purse strings can control how tightly those purse strings are drawn, and the very existence of a dependent. Justice, as well as the security of human rights and the safety of free institutions requires freedom of action of courts in hearing cases of those aggrieved by official actions, to their injury.'" (citation omitted.)

Bell's statement that the Court is the weakest branch flies in the face of these axioms. The implication of Bell's words is "simple: That if selected, Bell would do his part to ensure the state's highest court would be less likely to rule against Bush or the Republican-led Legislature -- regardless of whether the laws and decisions violated the state Constitution." It appears we can expect no more from soon-to-be Justice Bell.



Bell is Bush's second, and likely last, appointment to the Court. Bush's first appointment was Cuban dictator Batista's spanish grandson, Raoul Cantero, who is both very young and barely, if at all, qualified for the position. Over the next four years, the Court will remain comprised of a majority of "Democratic"-appointees, unless a current justice opts to leave prior to age 70 or loses a retention vote.



- 5:42 AM [Go to current Florida Politics site (no popup ads)]