Former U.S. Attorneys Roberto Martinez and Marcos Jimenez joined with Allison DeFoor, a former judge and GOP Lt. Gov. candidate, want the Republican Party of Florida to stop actively campaigning against three Florida Supreme Court justices whose rulings have irked conservatives. The three lawyers all say it's bad for government. Here's their Oct. 1 letter:
We, respectfully and as Republicans with long standing credentials, including former service by one of us as the Vice-Chair of the Republican Party of Florida (RPOF), suggest a reappraisal of the decision by the Executive Committee of the RPOF formally opposing the merit retention election of three Supreme Court Justices. We request that you deliver this letter to each member of the Executive Committee.
Judges should not decide legal cases based upon partisan politics. That is fundamental to our nation's system of government. To enhance the judiciary's neutrality and independence from partisan political activity Florida's legislature has placed legal restrictions on the type of political activity that may occur in a judicial election.
Florida Statute 105.09 makes it illegal. punishable as a criminal misdemeanor, for political parties to endorse, support, or assist a candidate for judicial office. Florida Statute 105.701 makes it illegal. subject to the payment of a civil fine, for any person to use a party affiliation in connection with a judicial election, including in merit retention elections.
The RPOF was within its legal right to express its position publicly. But, just because it has that legal right, does not mean it was right for it to do so. The retention of Supreme Court Justices should not be turned into partisan political affairs.