Gov. Crist names Judge James Perry to Supreme Court, despite conservative opposition

Gov. Crist names Judge James Perry to Supreme Court, despite conservative opposition

By David Decamp, Times/Herald Tallahassee Bureau

In Print: Thursday, March 12, 2009

Circuit Judge James E.C. Perry is Crist’s fourth court choice.

TALLAHASSEE — Gov. Charlie Crist made a Central Florida circuit judge the Florida Supreme Court's fourth black justice on Wednesday, disappointing conservatives seeking to tilt the court more to the right.

Judge James E.C. Perry, 65, of Sanford grew up in rural North Carolina, overcoming poverty and Jim Crow prejudice. A Democrat, he was appointed to the Circuit Court in 2000 by Gov. Jeb Bush and was chief judge for three years. He and Crist said that experience made Perry's case for the top bench in the state.

"We have a very diverse state, and I think it's important that our court understand all the different perspectives that make Florida a great place to live," Crist said.

Perry replaces Charles Wells, who retired this month because he reached the mandatory retirement age of 70. That gave Crist the rare chance of appointing four people on the seven-member Supreme Court in his first term.

An array of conservative groups — notably the National Rifle Association and abortion opponent Florida Family Policy Council — and industry attorneys supported appeals Judge Alan Lawson of Orlando, who espoused a mantra of the right: the "proper, limited role of the judicial branch."
John Stemberger, leader of Florida Family Policy Council, called Crist's decision crucial because of the possible ideological shift on the court. In his first two picks, Crist favored the Republican Party base by picking Charles Canady and Ricky Polston, who are white men with conservative bona fides. His third pick, Jorge Labarga, the lone Hispanic member, has a reputation as a moderate.

"He missed a real opportunity not only to appoint the most qualified candidate, but also to bring the court back into ideological balance," Stemberger said. Crist "made an appointment rooted in politics and one which will entrench the Florida high court back into a 5-2, left-leaning majority for at least the next decade."

As conservative groups questioned Perry, liberal interests such as Planned Parenthood, which supports abortion rights, fought Lawson and another finalist, Dan Gerber of Winter Park, a lawyer whose clients have included chemical companies. The fourth potential choice was Judge Debra Nelson of Sanford. The position had to be filled from the state's 5th Appellate District, which includes Orlando, Daytona Beach and Melbourne.

Squeezed by those interest groups, Crist went with the choice of civil rights leaders: Perry.
"All I've known him to be is an upright person that has integrity, a person that works in the community, believes in giving back," said Sen. Tony Hill, a Jacksonville Democrat.

Bruce Rogow, a law professor at Nova Southeastern University, cautioned against labeling Perry before he begins working on the Supreme Court. A trial court judge writes few notable opinions, Rogow said. And history is dotted with top judges who broke with expectations. The fact that the Supreme Court now has four relatively new members only makes the dynamics of the panel more uncertain, he said.