This is a stunning and arrogant move by the Republicans who control everything in Florida. This is a perfect example of what happens when hotheads have no checks and no balances.
Businesses Back Move To Weaken Florida JudgesCHRIS O'MEARA | AP PHOTO
House Speaker Dean Cannon, R-Winter Park -- and powerful business groups -- are driving the sweeping changes, which will likely find a receptive audience in the strongly conservative leaders running the Florida Legislature.Florida courts are facing an unprecedented assault on their independence this year as state lawmakers are pushing more than a half-dozen measures that could weaken judicial power and could give the Legislature and governor more influence in selecting judges from the county courthouse to the Florida Supreme Court.
The changes also would make it easier for special-interest groups angered by any court decision to oust judges they don't like. House Speaker Dean Cannon, R-Winter Park -- and powerful business groups -- are driving the sweeping changes, which will likely find a receptive audience in the strongly conservative leaders running the Florida Legislature.
The business groups want provisions that would dismantle existing judicial nominating commissions, giving Gov. Rick Scott more power in selecting judges, to eliminate commission members they see as too close to the state's trial lawyers.
Former Supreme Court Justice Leander Shaw says he sees something "that I've never really seen before: a huge theme to get back at the court in some way."
In fact Cannon's words do sound that way. The House speaker's words:
Cannon, a lawyer, said he respects the judicary's independence but wants to curb its power because he argues it has exceeded its constitutional limits. Exhibit 1 of that overreach, according to Republican legislative leaders: the Supreme Court's rejection of three constitutional amendments drafted by lawmakers last year aimed at preserving their power to draw the boundaries for the districts they represent.
Ah, the redistricting did play a huge role. Now they are going to fix those courts...like pouty children who don't get their way.
Here is a view of the issue from a site called South Florida Lawyers.
Florida Legislature To Strip Courts of Rule-Making Ability?We've certainly seen our share of lame-brained, reactionary, and just plain arse-inine proposals out of Tally, but this has to be one of the dumbest to come down the high speed train pike in a long time:
"A constitutional amendment that would take court procedural rulemaking authority away from the Supreme Court and give it to the Legislature has been introduced in a House subcommittee that has been studying the issue".
The site points out the the amendment says that:
“No court shall have the power, express or implied, to adopt rules for practice and procedure in any court. Court rules of practice and procedure may be recommended by the Supreme Court to be adopted, amended or rejected by the legislature in a manner prescribed by general law. If there is a conflict between general law and a court rule, the general law supersedes the court rule.”
So a court cannot issue procedural rules for proceeding before a court? We're talking things like summary judgment time periods, discovery methods, offers of judgment etc.?
That's like Congress passing a law that pilots cannot decide how to fly a plane.
Just another really weird idea out of Florida. There is no end to them.