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Crist upset by list for state Supreme Court seats

By Jennifer Liberto, Times Staff Writer
In print: Friday, August 15, 2008


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TALLAHASSEE — The names of seven judges and a private attorney were forwarded to Gov. Charlie Crist on Thursday as nominees for two openings on the Florida Supreme Court.

However, the eight candidates' lack of diversity gave the governor pause. The list, nominated by the Judicial Nominating Commission, includes no women or African-Americans.

He has 60 days to appoint two justices, and he can ask the commission for more names, advisors said.

"I've got several concerns about it, so I'm looking at what my options are," Crist said.

Fifty lawyers applied to replace Kenneth Bell, 52, and Raoul Cantero, 47, who both are retiring for family reasons. Both were appointed by Jeb Bush.

Crist will have two more appointments next year as two justices hit the mandatory retirement age, giving him an unprecedented opportunity to reshape the seven-member court.

Among five lawyers nominated for Cantero's at-large seat is 2nd District Court of Appeal Judge Charles Canady, 54, of Lakeland. He was one of 13 members of Congress who ran the impeachment hearings against President Bill Clinton. Canady said his political background shouldn't be an overwhelming factor: "My career is what it is. The most relevant part is my service as a judge."

The four other finalists for Cantero's seat: 11th Circuit Judge Kevin Emas, 50, Miami; 5th District Court of Appeal Judge Vincent G. Torpy Jr., 52, Daytona Beach; 15th Circuit Judge Jorge Labarga, 55, West Palm Beach; and lawyer Edward Guedes, 44, Miami.

The finalists for Bell's seat, who must reside within the 1st District Court of Appeal area, are: 1st DCA Judge Ricky L. Polston, 52, Tallahassee; 1st DCA Judge Peter D. Webster, 59, Tallahassee; and 4th Circuit Judge Waddell A. Wallace, Jacksonville.

Webster and Wallace have been finalists before for the job, which pays $161,200.

The list spurred an immediate buzz in the legal community, with many lawyers quietly noting the lack of female and black nominees. The state Supreme Court is currently made up of five men and two women. Chief Justice Peggy Quince is the only black member.

"It's really terribly disappointing," said Jeanne Baker, president of the state board of the American Civil Liberties Union. "We need a diverse bench to help ensure justice is impartially dispensed overall."

The only Hispanic finalists were Labarga and Guedes, who is also the only registered Democrat. Guedes is known in South Florida legal communities as openly gay, but he was quick to add he doesn't want to be considered based on his ethnicity or sexual orientation.

Commission chairman Robert S. Hackleman countered criticism by noting that only eight women and a dozen minorities were among the applicant pool. He said he couldn't talk about deliberations, which came Wednesday night after three days of interviewing the 50 applicants.

Times researcher Will Short Gorham contributed to this report.


Nominees to fill the at-large seat of Justice Raoul Cantero

Kevin Emas, 50

Miami

Judge, 11th Circuit

Married for 25 years, three children

Born in St. Louis; lived in Florida for 38 years

University of Florida; University of Miami Law School

Race/ethnicity: white

Voter registration: no party affiliation

Charles Canady, 54

Lakeland

Judge, 2nd District Court of Appeal; former U.S. representative

Married 11 years, 2 children

Born in Lakeland; lifelong Florida resident

Haverford College, Yale Law School

Race/ethnicity: white

Voter registration: Republican

Edward G. Guedes, 44

Miami

Attorney, Greenberg Traurig

Single

Born in Coral Gables; lifelong Florida resident

Amherst College, Harvard Law School

Race/ethnicity: Hispanic

Voter registration: Democrat

Jorge Labarga, 55

West Palm Beach

Judge, 15th Circuit

Married 27 years, 2 children

Born in Havana, Cuba; lived in Florida 45 years

University of Florida for undergraduate and law school

Race/ethnicity: Hispanic

Voter registration: no party affiliation

Vincent G. Torpy Jr., 52

Daytona Beach

Judge, 5th District Court of Appeal

Married 31 years, 3 children

Born in Mount Kisco, N.Y.; lived in Florida 35 years

University of Central Florida, Florida State University Law School

Race/ethnicity: white

Voter registration: Republican

Nominees to fill the First District seat currently held by Justice Kenneth Bell

Ricky L. Polston, 52

Tallahassee

Judge, 1st District Court of Appeal

Married for 31 years, 10 children

Born in Dothan, Ala.; lived in Florida 52 years

Florida State University for undergraduate and law school

Race/ethnicity: white

Voter registration: Republican

Waddell A. Wallace III, 55

Jacksonville,

Judge, 4th Circuit; former finalist for Florida Supreme Court

Married 25 years, 2 children

Born in Jacksonville; lifelong Florida resident

University of Virginia, University of Florida College of Law

Race/ethnicity: white

Voter registration: Republican

Peter D. Webster, 59

Tallahassee

Judge, 1st District Court of Appeal; former finalist for Florida Supreme Court

Divorced; remarried for 22 years, 1 child

Born in Framingham, Mass.; lived in Florida 34 years

Georgetown University, Duke University Law School and University of Virginia (master's of law)

Race/ethnicity: white

Voter registration: Republican

Compiled by Times staff writer Jennifer Liberto and Times researcher William Short Gorham


[Last modified: Aug 21, 2008 02:56 PM]



Comments on this article
by David Aug 21, 2008 2:56 PM
Polston is one of the finest judges I know. He is strongly conservative, not a partisian hack, regularly decides cases contrary to his personal beliefs, where appropriate, but never remains silent in the face of a politically unpopular issue.
by RJ Aug 17, 2008 10:00 PM
Since he's a homophobic gay man, he's likely not to approve the gay one. What a shame.....
by Raymond Aug 17, 2008 9:41 PM
Joe: Evidently, the first criteria to this group is white and male. This is a SUBJECTIVE criteria. And blacks and females did not meet that criteria. Good for Crist for seeing through this sham.
by Rich Aug 17, 2008 7:04 PM
What, no CROATIAN-AMERICAN nominations ? I'm offended - America is racist.
by sara Aug 17, 2008 12:50 PM
why does Crist care about this...he certainly doesn't care about anything else in this state!!
by joe in st pete Aug 17, 2008 12:49 PM
For crying out loud! Since when does justice have anything to do about being black or female? So the best person for the job is a token?!?!?! That proves Crist is all about image. You should get the job based on your accomplishments. Period!
by Chloe Aug 17, 2008 12:49 PM
Crist is turning out to be like other pandering politicians. The best qualified gets it, not the color of one's skin or one's gender. What is the problem here? Do we need two countries? I am starting to think so, because the ideals we had are gone.
by Tee Aug 17, 2008 12:49 PM
What a great idea, Rob! All of the rich, white, Republican, Southern Baptists we've had for decades just aren't cutting it. Maybe a black lesbian is just what we need to end all of the redneck bigotry and radical right bias. Thanks for the advice!
by VP Aug 17, 2008 12:49 PM
The only gay guy gets the *Single* label. Is *single* the new *gay*? Straight men get labels like "Married" , "Divorced" and an integer to validate that they dunked their junk. Wake up to 2000, Florida. Get over your hate and stop living in the past.
by Rob Aug 16, 2008 3:25 PM
hmmmm.... Jorge Labarga of West Palm Beach... that sounds like a minority to me. Why does it necessarily have to be African American? Appoint the most qualified candidate based on merit alone.
by MINORITY Aug 16, 2008 3:23 PM
FORGET MINORITY!! LETS GET SOMEONE IN WHO GIVES A HOOT!! BRING FLORIDA BACK TO WHERE IT WAS SO ALL THE BABY BOOMERS WILL WANT TO RETIRE IN THIS BEAUTIFUL STATE!! JUST BECAUSE CHARLIE WANTS A WOMAN IN THERE,, MABY HIS FIANCE WANTS A JOB!!
by Gabriella Aug 16, 2008 3:20 PM
Never mind about nominations: The State's gone down the Sink belonging to Alex.
by Bob Aug 16, 2008 3:14 PM
They also forgot to nominate a French American, Italian American, German American, Polish American, Spanish American, Australian American, Korean American, Japanese American, etc, etc, etc.
by Jan Aug 16, 2008 3:11 PM
The issue is the Panel that was appointed to select the finalist . Women and Minorities not being selected becsuse they were not most qualified is strictly subjective . Lets tax Women and Minorities at a lesser rate , see how asinine that sounds !
by Miriam Aug 16, 2008 3:11 PM
Lt.Gov Kottkamp,your office never responds to questions either. But seeing as no further questions will be posed to the other guy, any questions will be sent to your office.
by Ann Aug 16, 2008 3:09 PM
If the people complaining now would complain when there is discrimination in other judicial and legal appointments, we wouldn't be in this situation now. Cry foul whenever it's necessary because of discrimination, not just when it suits you!
by Ian,Joanne Aug 15, 2008 1:56 PM
What a mess this State is in. Now Alex Sink's out FundHunting? Try retreiving funds and property stolen from homeowners by some of your lovely State Officials.
by Marie Aug 15, 2008 12:07 PM
50 people applied for the high court openings and the Judicial Nominating Committee selected the top 8. The fact that neither a woman nor African American are among the top candidates says only one thing: There wasn't one qualified enough. And?
by dan Aug 15, 2008 12:07 PM
so i quess the best one for the job doesnt meen anything anymore! just hire someone because they are black!!this is whats wrong with the country today! oh well thats how most of the blacks got the job they have now i would be ashamed but not blacks!!
by Rob Aug 15, 2008 12:07 PM
Quick, St. Pete Times Editorial Board, nominate one of the Uhuru leaders and I'm sure Crist (or "Christ" as you had it spelled in Saturday's paper) will happily appoint the Uhuru! Then you'll have diversity. Appoint a homosexual, too!
by Andy Aug 15, 2008 12:07 PM
Jeff Deremer for Pasco County Sheriff. The only logical choice for real change in Pasco County.
by PascoRolling Aug 15, 2008 12:06 PM
No better way to get the facts and faces out in the open. The Rolling retaliation of Insurers and other Frauds in Pasco County.Thanks to Bowers.
by Honor Aug 15, 2008 12:06 PM
Did the Supreme Court rule that quotas were illegal? I am confused that one's gender or skin color would add to one's qualifications. Are we back in the 50s in Florida? I think so. God forbid the religious right gets into the fray. Enough.
by JB Aug 15, 2008 10:25 AM
Thanks SPT for making a story out of nothing. There is a lack of qualified African-American candidates because there has been a lack of African-American lawyers. That is starting to change. But for now, we'll take the most qualified.
by Chloe Aug 15, 2008 10:25 AM
Florida was NEVER first economically. Low paying tourist jobs for the unskilled. Wake up Fran.
by Ashley Aug 15, 2008 8:39 AM
Diversity , what diversity ? Every name on this list is of one gender .Crist is a quota guy I guess . One of everthing , but White Males . We vote too . That fiasco over at the Parole Commission was telling , and concrete . CHANGE is important !
by Issywise Aug 15, 2008 8:38 AM
And worse, Charles Canady made the cut: A Clinton prosecutor, zealous partisan attack dog, ideologue who needs go no further than listening to God personally whispering in his ear to discover the justice in any case. Politicize the court Charlie!
by Fran Aug 15, 2008 8:38 AM
Charlie Crist is just giving lip service to the diversity issue ; he thinks that White Males rule the world . Women and others do not matter , look at his Administation . This is one of the reasons that Fla. has gone from 1st to last economically !
by James Aug 15, 2008 8:38 AM
Sure would be nice if the Governor would release a report detailing the Diversity in his Administration . Florida is more than White males you know , there are Females , Asians , Blacks , Hispanics , and combinations of the aforementioned . Waiting
by Tim Aug 15, 2008 8:38 AM
If they are the best candidates, should it matter what race/gender they are? Are you suggesting quotas?
by John Aug 15, 2008 8:38 AM
Yeah - it's not enough to be a qualified, experienced jurist, you have to be right race, gender, whatever... Falling futher down the slippery slope..
by Marilyn Aug 15, 2008 8:38 AM
1 democrat 5 Republicans 2 open to suggestion should they be honored with the robe.
by GR Aug 15, 2008 8:38 AM
"Of the people, for the people and representive to the people". Some will ask with good reason, what is the push for diversity? Read the previous quote.
by Darrin Aug 15, 2008 8:37 AM
Wow the non-racist republican in the south I like this Crist guy.
by jimmy Aug 15, 2008 8:37 AM
Qualifications are a MUST; diversity is a nice-to-have. Please do NOT give us diversity candidates if they're marginally qualified.
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