The Great Oz: What Really Happens Behind the Curtain of JNC Deliberations.

AuthorOcariz, Rebecca
PositionFlorida's 26 judicial nominating commissions

The Judicial Nominating Commission (JNC) process is daunting for even the most seasoned applicant. While the procedure for the appointment of a person to fill a judicial vacancy is governed by the Florida Constitution, (1) the law is silent as to the factors taken into consideration by the JNC commissioners and the governor in selecting an appointee. This article demystifies the process and provides insight into qualities possessed by successful applicants appointed by the governor to serve in a vacant seat.

For the JNC commissioners, the process begins well before candidates apply and are interviewed. The procedure is initiated by a letter from the governor to the chair of the JNC advising of a vacancy in the judicial circuit. (2) The letter requests that the chair convene the commission to select and submit names of highly qualified lawyers to the governor for his or her consideration for appointment to the open seat. Generally, the letter also specifies how many nominees the governor would like the commission to submit. (3)

Upon receipt of a notice of vacancy letter from the governor, the chair notifies the public of the opening and creates timeframes for the submission of applications. (4) Once the applications are received, the commission convenes, either in-person or on a conference call, to decide whom to invite for an interview. (5) The number of applicants granted an interview varies from circuit to circuit. For example, the 10th Judicial Circuit JNC, which serves Hardee, Highlands, and Polk counties, typically grants interviews to all applicants. In contrast, the 11th Circuit JNC, which serves Miami-Dade County, employs a more selective process in which not all applicants will be invited to interview.

Hans Ottinot, chair of the 11th Circuit JNC, advises that the commission first reviews the applications to confirm they are complete. He noted that "the little things count," and that applicants need to take care to ensure they have provided all of the information requested and that the application is devoid of typos. At this stage, the 11th Circuit JNC also makes certain each candidate possesses certain minimum qualifications, including verification of courtroom experience. A candidate "does not need to be a trial lawyer, but if someone wants to be a trial judge, they need to have some experience with the court system," explains Ottinot. (6)

Prior to the interviews, each commissioner is assigned to specific individual applicants and...

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