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Florida News December 3, 2024 5 mins read

Plan Would Let Governor Pick Administrative Judges

Florida News ı By USA Herald

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Rick Scott for Florida, Rick Scott for Governor

"Agency overreach is one of the biggest problems we deal with," Eisnaugle said. "We need to put more checks on agencies, not fewer. … An administrative law judge is one of the few opportunities that Floridians have to fight back against an agency that's out of control."

Currently, the director of the division is the agency's chief judge, who answers to the governor and Cabinet and must be confirmed by the Senate.

The notion of limiting the tenure of administrative law judges comes as House Speaker Richard Corcoran pushes a constitutional proposal that would restrict appellate judges to serving a maximum of two consecutive six-year terms.

Under Fitzenhagen's proposed bill, the governor would pick administrative law judges from a list of three nominees offered by a statewide commission. The governor would appoint three members to the nominating commission, and each member of the Florida Cabinet --- the attorney general, the chief financial officer and the agriculture commissioner --- could each appoint two commissioners.

The judges would be appointed to four-year terms, but could be removed by the governor "for cause." Before a judge's term expires, the nominating commission would conduct a review to determine whether his or her performance was satisfactory. Judges would be limited to serving two terms.

Robert Cohen, who serves as chief judge of the Division of Administrative Hearings, told the House panel that he undergoes an annual review when he is reappointed by the governor and Cabinet.

Cohen, who was hired by the governor and Cabinet 12 years ago, said he welcomes "more transparency” but provides a detailed review every year to his bosses.

"I get grades from the Cabinet members," Cohen said.

Cohen also said that, under the current system, administrative law judges are not susceptible to outside influence by the governor, which protects petitioners and judges.

If judges nearing the end of their terms want to be reappointed, "somewhere in the back of my mind might be swimming around that I can't be fair and impartial" when ruling against executive agencies, Cohen said.

"If a member of the public challenges an agency rule, then why would you want the agency deciding whether this rule is good or bad? The agency has already decided this rule is good," Cohen said. "We don't have any independent or special or God-given powers. … We are bound to follow the law and apply the law to the facts of the case before us. And that's where it ends."

Bill Pfeiffer, a former administrative law judge, called the proposal "very dangerous in the long term."

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