There have been rumblings about disbanding the bipartisan Federal Judicial Nominating Commission for some time now, on which I have been privileged to serve.
The Commission, dubbed the as “The Federal JNC,” is a body comprised mostly of experienced lawyers who are appointed by both of Florida’s U.S. Senators to vet candidates who apply for federal judgeships.
The Southern District Federal JNC is one of three in Florida (the others serve the Middle and Northern Districts).
Though not a perfect process, the Federal JNC’s 35 members produced a list of 10 highly qualified candidates for the federal bench to fill five vacancies when it convened late in 2017. And then again, recommended recent appointees to the federal bench in 2019.
The rigorous interview and vetting process and spirited disagreements among the JNC Commissioners contributed greatly to the quality of the final recommendations, who then became the U.S. President’s nominees and were confirmed by the Senate.
Now with a new President, we should continue the process. In Florida we have two U.S. Senators from the same Republican Party. But we have seen that elected officials from the same party can nevertheless disagree; therefore, why not leave the JNC in place to take the legwork off the busy Senators’ hands?
In the end, both Senators Marco Rubio and Rick Scott may agree on the finalists, but Democratic President Joe Biden can simply refuse to nominate those candidates for the lifetime appointment. That could lead to gridlock but could also force both sides to compromise and focus on recommending the best qualified candidates for the judiciary.
The Senators retain the power to forward and recommend only those individuals whose qualifications and philosophies are consistent with their principles.
And as always, the Senators can change the composition of the JNC upon mutual agreement at any time.
However, elimination of the JNC all together would make these nominations less transparent and could produce potentially embarrassing results if nominees are not adequately vetted.
We should keep the Federal JNC. The process is a win-win for the Senators, the President, and most importantly the public, who relies on a fair and qualified federal judiciary.
Renier Diaz de la Portilla, Esq.
Caserta & Spiriti, Attorneys at Law