| VOLUSIA EXPOSED.COM |
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Seventh Judicial Nominating Commission cancels meeting without due notification or cause, public left wondering ! Was the public denied an opportunity to participate in the judicial selection process? Was the meeting even actually cancelled, or did the JNC secretly, and illegally hold the meeting during a "deliberation" period? We believe that our questions and suspicions are reasonable, especially given this JNC's past history. |
May 17, 2012 |
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On May 16, 2012 the Seventh Judicial Nominating Commission had scheduled both a meeting of the JNC, as well as interviews of judicial candidates, to fill the vacant seat cause by Judge S. Warren's recent resignation. As per the attached schedule provided to VolusiaExposed.Com by the JNC Chairman, the JNC Meeting was to start at 8:45 hrs, followed by the candidate interviews starting at 9:00 hrs. JNC schedule, as provided to VolusiaExposed VolusiaExposed.Com had two representatives in the room prepared to video tape the meeting, but it was never called to order, nor was any reason given for it's cancellation. |
VolusiaExposed.Com had hoped to relay some public input on several of the judicial candidates as was invited on the JNC's April 3, 2012 Notification of Vacancy, as posted on the Florida Bar's website. April 3, 2012 Notification of Vacancy Florida's 7th Judicial Nominating Commission |
Florida's - Government-in-the-Sunshine Manual 8f. Judicial nominating commissions/Judicial Qualifications Commission Judicial nominating commissions for the Supreme Court of Florida, the district courts of appeal, or for a judicial circuit for the trial courts within the circuit are not subject to the Sunshine Law. Kanner v. Frumkes, 353 So. 2d 196 (Fla. 3d DCA 1977). Article V, s. 11(d), Fla. Const., however, requires that except for its deliberations, the proceedings of a judicial nominating commission and its records are open to the public. While the deliberations of a commission are closed, such a limitation appears to be applicable to that point in the proceedings when the commissioners are weighing and examining the reasons for and against a choice. Inf. Op. to Russell, August 2, 1991. The statewide judicial nominating commission for workers' compensation judges, however, is not a judicial nominating commission as contemplated by the Constitution; thus, such a commission created pursuant to the workers' compensation law is subject to s. 286.011, F.S. AGO 90-76. Proceedings of the Judicial Qualifications Commission are confidential. However, upon a finding of probable cause and the filing of formal charges against a judge or justice by the commission with the Clerk of the Supreme Court, all further proceedings of the commission are public. Article V, s. 12(a)(4), Fla. Const. |
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Florida law mandates that the JNCs be open to the public, with the exception of the deliberations of the commission. We here at VolusiaExposed.Com are left wondering whether the JNC actually conducted their "meeting" secretly and illegally, during the first deliberation period, after interviewing the first judicial candidate. The Seventh JNC has a practice of deliberating after each judicial candidate interview. |
Ironically, prior to the interview process begining, Commissioner Danny Berenberg advised the VolusiaExposed representatives that we (VolusiaExposed.Com) were the JNC's "only fans". Mr. Berenberg went on to state - "If we can't stand the light of the public, we shouldn't be doing this....in my case that's probably true." We are left wondering how Mr. Berenberg feels about the JNC meeting being cancelled, or if covertly held, his feelings on it being held outside the public's view, in violation of Florida law? |
Commissioner Danny Berenberg comments to VolusiaExposed.Com |
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Mr. Mike Lambert, the Chairperson of the Seventh JNC was questioned on camera, as to whether the JNC meeting had been cancelled. He stated "Yes" and that it would "probably" be held tomorrow (May 17, 2012). During the judicial candidate interviews, it was apparent that members of the JNC, as well as some candidates hold the belief that "Pro se" litigants (individuals whom represent themselves - with no attorney) are a nuisance to the smooth operation of the judicial system. Does it also appear that the JNC Commissioners see the general public as a nuisance in the judicial nomination process? |
Chairperson, Mike Lambert admits to VolusiaExposed.Com's representative that the JNC meeting had been cancelled and "probably" would be held tomorrow prior to candidate interviews. |
VolusiaExposed has been asked to vacate the courtroom - is this an on-going, closed door, meeting of the JNC, disguised as deliberations? |