Raoul Cantero. White & Case, Miami/courtesy photo

Former Florida Supreme Court  Justice Raoul Cantero has been hired to represent the court's Judicial Nominating Commission in a lawsuit challenging Gov. Rick Scott's authority to appoint the next three justices.

Cantero, who served on the court from 2002 to 2008, is a partner at White & Case in Miami, leads the office's disputes practice and serves as the firm's global executive partner for diversity. He was the court's first justice of Hispanic descent.

He has been part of 90 federal and state appellate decisions and a total of about 150 cases since he left the bench, according to the firm. Several appeals involved insurance, with Australia's QBE Insurance Group appearing as a party in four cases. Other issues ranged from reapportionment to gambling and solar power.

Cantero also is active in arbitration circles, serving on the board of the Miami International Arbitration Society.

The League of Women Voters of Florida and Common Cause sued Thursday after Scott launched the JNC process to move forward with vetting candidates to replace Justices R. Fred Lewis, Barbara Pariente and Peggy Quince.

They will be forced off the court in January because of Florida's mandatory judicial retirement age of 70.

Scott insists he has the right to appoint their successors, and others believe the power belongs to his successor. The terms of the justices and governor end on the same day.

In a political twist, Scott is challenging Democratic U.S. Sen. Bill Nelson, and the Senate convenes days before Scott's term as governor ends. Traditionally, state officeholders have resigned to take federal posts because their first day in office determines congressional seniority.

Scott appointed Cantero to the Third District Court of Appeal JNC in 2011, so the White & Case attorney has experience on both sides of the commission's work as a participant and applicant. While the Florida Bar recommends some JNC candidates to the governor, he appoints all JNC members.

The Supreme Court discarded a previous lawsuit on the same issue, ruling nothing was in play to assess. The League of Women Voters maintains Scott's request to seek applications Sept. 11 officially opened the legal door and filed an emergency petition.

A key argument is that the JNC chaired by GrayRobinson Tallahassee managing director Jason Unger cannot produce a list of finalists until the vacancies exist Jan. 9 after both Scott and the justices are gone.

The court ordered the governor's office and the JNC to respond by Wednesday and will accept a reply from attorney John S. Mills of the Mills Firm in Tallahassee by Monday. The court has not decided whether to rule on the filings or hear oral arguments, but the JNC deadline for applications is Oct. 8.

With the retirements, the court's ideology may change to a more conservative outlook. Pariente, Lewis and Quince tend to lean left. Pariente and Quince also are the only women on the court, which throws gender diversity into the successor equation more than it otherwise might be a factor.

Read more:

https://www.law.com/dailybusinessreview/2018/09/12/gov-rick-scott-ramps-up-effort-to-remodel-floridas-supreme-court-before-terms-end/