He was studying and networking while you were doing kegstands

Jason Gonzalez, Governor Crist's General Counsel, spoke Friday at T.J. Reddick's Three of Ninety meeting.

The event was well attended.  Judges in the audience included Chief Judge Tobin, and Judges Tuter, Dishowitz, Backman, Gillespie, and Williams.  Judicial hopefuls Hursey and Robinson were also spotted.  It should be noted that Criminal Administrative Judge Holmes could not attend, due to an ongoing murder trial.  No members of our local JNC were recognized.

Gonzalez, 34, knows a lot about the judicial appointment process.  He has previously served on JNCs for Circuit, DCA, and the Supreme Court.  As General Counsel to the Governor, he supervises a staff of five attorneys, and is the main conduit by which information regarding all judicial candidates reaches the Governor.

He began by admitting that the statewide JNCs are behaving "abnormally."  (CORRECTION AND APOLOGIES: SHOULD READ "ADMIRABLY")  In this historic time when more Supreme Court and DCA judgeships are vacant than at any time in recent history, he believes JNCs are burdened by special interests and tasked with often having to review candidates with no prior judicial records for County and Circuit positions.  He believes there is not enough focus or pressure from local Bar Associations in recruiting qualified candidates to apply, and he says the problem is further compounded by the short constitutionally mandated time frames that bind the application process (60 days).  Good candidates must apply, irrespective of political connections or clout, which he says have no bearing in the Governor's office.  He did not speak of the role politics plays with the local JNCs, or whether the Governor's office has any input into the JNCs' activities.

As far as the process, one of his attorneys is assigned the job of doing thorough background checks on the names sent up by the JNCs.  All six of the attorneys then discuss the findings and do the interviews.  The Governor, he said, will typically ask for some finalists to interview after being briefed on candidates for Circuit courts and higher.  Supporters of a candidate, or anyone with a concern, should organize letter writing and telephone campaigns, as this is the best way to interact with the General Counsel's office.

Regarding qualifications, the Governor is interested in integrity, compassion, diversity of experience, and intelligence.  Racial and ethnic factors, he said, are incredibly important, but clearly not the only factor.  However, the Governor is looking to diversify the bench.  He wants multicultural candidates brought before him so he has options.  Gonzales reported that in 71 appointments over the last two years, Governor Crist has appointed seven African-Americans, or roughly ten percent of the total.  Currently there are also two African-Americans on the short list for the First DCA. 

Crist talks to Gonzalez at least once a week about how to get qualified African-Americans to apply, cognizant of the fact that they are woefully under represented among the Florida Bar's membership and that the most talented lawyers, regardless of background, rarely find judicial pay attractive.  Gonzalez also pointed out that of 234 JNC members statewide, only seven are African-American.  Accordingly, he strongly encourages minority lawyers to apply for JNC positions as well as for judge.

The meeting was opened up to questions. 

Jahra McLawrence  asked why Assistant Public Defenders never seem to get the nod, as opposed to prosecutors.  Gonzalez admitted that there was a perceived bias against PDs in the Jeb Bush Administration, but that he doesn't think it has carried over to Governor Crist.  He said the only relevant concern is whether someone can follow the law, although he did not know if any of Crist's appointments to date were former PDs.

Gonzalez spoke about the need for transparency in the process, in response to another question.  He marveled at the complete lack of interest by the press or the public in the JNC interviews, commenting he never saw a civilian or a reporter at an interview until he got on the Supreme Court JNC.  He was concerned that the general public knows nothing about the process, and that there is no public exposure of the candidates, some of whom become judges.  He also mentioned that there is an annual statewide JNC seminar to educate the members, this year in February or March.  We could not determine whether or not it was open to the public. 

As previously stated, he also reported that there is absolutely no political litmus test regarding the candidates who go before the Governor, illustrating his point with the fact that the majority of the lawyers on his staff are Democrats. 

There was a question regarding whether the Governor or the Staff consider electability in the appointment process.  Gonzalez said this issue sometimes comes up, but not frequently.  He said candidates need to demonstrate they are excited and up to the task of a possible election, but that it is not a determining factor. 

There was a follow up question regarding "targeting" of candidates in Broward come election time, where a "certain demographic" can impact a primary.  Gonzalez answered that this was of no concern to the Governor, and that he would certainly appoint a well qualified candidate who could foreseeably lose.  He added that the Governor would "probably encourage some of his friends to help the judge's campaign," receiving a nice laugh.

JAABLOG managed a hybrid question/pontification along the following lines (spoken in a much less eloquent fashion, of course):

Has the Governor ever considered implementing a written test such as in France, in order to avoid getting judges with general skill deficiencies?  And has the Governor ever thought of strengthening the interview process to include real world issues?  Having sat through a series of JNC interviews it is amazing how superficial the questions are considering the fact that our prisons are being crammed due to the drug war and the disparate impact it has on minority communities because of selective enforcement and other factors.  There was not a single question regarding drugs, the number one issue for judges to deal with, while the impetus for the creation of drug courts and other reforms comes from within the judiciary.  Isn't it too simplistic and obvious to elicit a response of "I would follow the law" to most questions, without in depth follow up?  Would a reform minded candidate who speaks their mind during an interview stand a chance of being appointed?

Gonzalez answered that he hadn't thought about the test idea, adding it might be hard to create and implement.  He also believes the Governor gets a good sense of a candidate's intellect through the materials presented to the JNCs and to his office.

He said he knows from experience that some candidates get all softball questions while others get tough ones, sometimes asked in an unprofessional manner.  This is an unfortunate fact, and it might be something that could be addressed at the previously mentioned JNC members' seminar.

As far as the meat of the question, Gonzalez said it might be inappropriate to engage in a specific issue bound line of questioning during a JNC interview.  He said it might be that the JNCs are limited by the same rules for their questions as judicial candidates speaking on the campaign trail.  He added an applicant could be asked specific questions if he or she had listed work for organizations advocating for reform or other causes, but that it was likely improper otherwise.  Gonzalez did not directly answer as to whether or not the Governor would appoint an outspoken reform minded candidate.

Jason Gonzalez is a sharp guy, polished well beyond his 34 years.  The world, or at least Florida, appears to be his oyster.  Hopefully he and Governor Crist will continue to address the glaring and unconscionable inequities in Broward's judiciary, instead of resting on their laurels after the appointment of Ken Gillespie.