WILL THERE BE A LAWSUIT OVER ELECTING OR APPOINTING NEW JUDGES

There will be 56 new judgeships created statewide, thanks to legislation passed which was allowed to become law without Governor Jeb Bush's signature. But how those seats will be filled could very well be debated in court.

Lakeland Ledger political reporter Bill Rufty writes in this morning's edition that State Representative John Stargel (R - Lakeland), a member of the House Civil Justice Committee as well as the governor's Judicial Nominating Committee for the Tenth Judicial Circuit, said that a lawsuit has already been written and could be filed with the Florida Supreme Court at any time which would challenge the constitutionality of the bill.

The legislation which passed says the 56 judicial seats should be filled by election. Bush, Stargel, and others believe that the state constitution requires that new judges be appointed by the governor.

So, if Bush didn't like the provision of election, why did he allow it to become law without his signature?

"My bet two months ago was that the governor would veto the bill, but he didn't...I understand his action in letting it become law without signing it. He said at the time that, despite his question of the constitutionality of the bill requiring elected judges, that vetoing it would have created case backlogs all over the state," Stargel said.

Time is of the essence, if the pro-appointment forces choose to file their litigation. The qualifying period to get on the ballot is less than three weeks away (July 21, to be exact), so Rufty correctly asks what would happen if the lawsuit were filed and the state Supreme Court decides after the deadline in favour of appointed judges.

The drama continues...