Governor rejects group of judicial nominees

The Judicial Nominating Commission for the 20th Judicial Circuit, which consists of Lee, Charlotte, Collier, Hendry and Glades counties, is again seeking applications to replace Judge William Nelson, Punta Gorda attorney Darol H.M. Carr said Wednesday. Nelson, a Lee circuit judge, died unexpectedly Sept. 19.

The commission already has interviewed 36 applicants for Nelson's position as well as that of Charlotte Judge William Blackwell, who's retiring in January. The commission had intended to advertise for applicants, interview them and agree on a short list to send to Bush as one group for both positions, Carr said.

But some advertising intended for the Florida Bar's Web site inadvertently omitted a paragraph indicating candidates who wanted to apply for both positions could do so in one application if they noted that in the paperwork.

Some applicants may not have been informed of the proper way to apply for both judicial seats, according to a letter to Carr from Raquel A. Rodriguez, Bush's general counsel.

"The governor believes that failing to adhere to the noticed procedure taints the judicial selection process," Rodriguez wrote. "Therefore, Governor Bush is rejecting the slate of nominees for Judge Nelson's vacancy as void."

Carr told Bush's staff all 36 candidates were interviewed and easily noted whether they were interested in both jobs.

"It's perplexing because we don't believe this impacted the process," Carr said.

However, Carr said the commission will seek applications again, with a deadline of Dec. 10. The members, mostly attorneys, will then directly send another short list to the governor.

"It's currently the position of the commission that it will not conduct interviews. If we interview one person, we have to interview them all," Carr said.

All those who applied the first time can apply again. Those six candidates who made the original short list are still in consideration for Blackwell's job, and they should reapply for Nelson's as well, Carr said.

Among the applicants is Fred Hardt, a Naples civil practice attorney. Hardt was unavailable for comment Wednesday.

The other finalists are:

- Edward J. Volz Jr., Lee County judge

- Hal Adams, Fort Myers attorney

- J. Frank Porter, Lee County judge

- James R. Shenko, Fort Myers attorney

- Phillip J. Jones, Port Charlotte attorney

Nelson, 63, died of a heart attack in his sleep Sept. 19. He spent 31 years on the bench in Fort Myers. He handled criminal cases.

Blackwell, 67, was a longtime Naples private practice attorney before becoming a circuit judge in Naples in January 1988. He moved to Charlotte in May 2001. He presides over a docket of civil cases.

The salary of a circuit court judge in Florida is $130,000.