http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060915/APN/609151973">Supreme Court says Bush cannot replace retiring appellate judgeASSOCIATED PRESS
September 15, 2006
TALLAHASSEE, Fla. -- Gov. Jeb Bush cannot replace a retiring appellate judge prior to Jan 1 when the judge's term expires and a day before Bush also leaves office, the Florida Supreme Court unanimously ruled Friday.
Bush, who cannot seek re-election due to term limits, had asked the justices whether he could appoint a replacement for 1st District Court of Appeal Judge Richard Ervin III before Jan. 1.
Bush spokeswoman Alia Faraj said the governor's lawyers were reviewing the opinion and she could not immediately comment on whether he planned to make the appointment in the final hours of his term on Jan. 2 or leave it to his successor.
In a letter to the justices, Bush had written that the position might remain vacant for up to five months after Ervin's term expires because a judicial nominating commission first must review the candidates and then make a recommendation to the governor.
That's not necessarily so, Justice Raoul Cantero wrote in a concurring opinion joined by Justice Kenneth Bell, both Bush appointees.
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Jeb is compelled to leave office on January 2, according to this article. You can bet that he will appoint a *replacement judge* in the wee hours of the morning of January 2, before he's forced out of the Governor's mansion.
There is no way this micromanager will pass up his final opportunity to shoehorn one more "friendly" judge onto the bench before he leaves. Leaving a judgeship appointment to his successor just ain't in Jeb's genes.