A year of challenge: to sustain, examine, and defend.

• Author: Johnson, Kelly Overstreet
• Position: Florida Bar Foundation - President's Page

I am honored to have been sworn in as the 56th president of The Florida Bar. There have been in the past and will continue to be many difficult issues we face as lawyers. None may be as important as the threats and incursions that continue against the time-honored American concept of an independent judiciary.

After more than 200 years of practicing our particular brand of constitutional democracy, we as Americans must still protect our courts and court system from politicians who want to weaken the resolve of our judges and curtail access to the courts. When I say "politicians," I do not mean that this is a partisan issue. From the most liberal president and governor to the most conservative Congress and legislature, the politicians of this country rightly pursue what they believe is the will of the people. In so doing, they are bound from time to time to run afoul of the state's constitution or the U.S. Constitution.

When the courts step in, the political will behind legislative or executive acts is important to consider, but should never color a judicial decision. And the threat of legislative or executive authority to strip or control court funding, remove the Bar from the process of selecting jurists, or attempt to coerce judicial subservience must be held at bay. Our constitutional order and our oaths of admission demand that we vigorously defend the independence of our judiciary.

Independent Judicial Nominating Commissions

One very important way to ensure the independence of the judiciary is through nonpartisan, independent nominating commissions. In 2001, the legislature gave the governor all of the appointments to Florida's judicial nominating commissions. This change has resulted in a strain on judicial independence and an increase in political appointments--from the commissioners to the judges themselves.

In confronting this issue, the political party to which you belong is irrelevant. Protecting the judiciary from political influence allows the United States to have a robust political debate and activity. Nonpartisan voices must be returned to our judicial nominating commissions to preserve the independence of our judiciary, the most important component of our system of justice.

Court Funding

When Floridians amended the constitution to shift the funding of our court system from the counties to the state, the purpose was to add uniformity and fairness to the way courts are funded and administered. The plan was to avoid creating a...