Thread by @JimRosicaFL

Governor, Cabinet now take up interviews for chief DOAH judge. First up: DEP att'y Kristen Bigham. Her appplication is here: myflorida.com/myflorida/cabi…
#FlaPol

Sorry, make that "Kristin."

.@AGAshleyMoody asks her if most of her work was in contracts and procurement. She says yes, about 50% of her practice over her career, 100% now. #FlaPol

@AGAshleyMoody Bigham says DOAH's role is to make sure state agencies are accountable, says there's always room for efficiencies at DOAH too, esp. in hiring process of judges there. #FlaPol

@AGAshleyMoody .@NikkiFriedFL asks Bigham about role of chief judge; Bigham says chief sets policy, shd not interfere w "independence" of judges in individual cases. #FlaPol

@AGAshleyMoody @NikkiFriedFL Next up: John McIver, now with @GovRonDeSantis general counsel's office, says his life has taken a "180 degree turn," moved out of his home at age 15, joined Navy at 18, where he got into "quite a bit of trouble," got caught w marijuana pipe. #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis Then he got kicked out of the Navy, got DUI charges, was on the wrong path all around, then finally decided " to turn my life around," had a "big wake up call."
Finished undergrad, graduated from Northwestern U. law school.
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis He notes that all his background had to go before @flcourts as part of a 'character & fitness' review, and he passed to become a member of @TheFlaBar licensed att'y. #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar Worked for now Leon Cty Judge Layne Smith when at @FloridaDBPR.
Was hired by Tim Cerio to join the GC's office under then-Gov. Rick Scott. He's been there since. His resume is here: myflorida.com/myflorida/cabi…
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR Says he never repped a private party at DOAH but says not an impediment to his being its chief judge. Mentions his devotion to const'l framework, "giving words a plain understanding," incl laws.
"Read the law, follow its plain meaning, and implement it."
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR But he says DOAH's "judicial philosophy" needs to change. ALJ's need to follow plain reading of statutes, just like everybody else, suggesting some now do not. #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR McIver also has been involved in "judicial vetting," @GovRonDeSantis adds. Says difference between judiciary and DOAH has gotten "blurred" over the years, skeptical that DOAH has "final order" authority. ALJs really are "executive branch hearing officers." #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR .@NikkiFriedFL asking some Qs about his experience in litigating. McIver says he's more of a "managing partner," doesn't make the arguments in front of a judge. #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR McIver says his main role if hired will be to first focus on the hiring process of ALJs to ensure right people are selected, "create a culture" where the test is applying plain meaning of laws and const. to agency actions.
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR And now we're talking about Chevron deference. Hands up everybody who wants me to start a separate thread on that. (KIDDING.) #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR .@GovRonDeSantis moves to hire McIver. "I didn't know that stuff about your background; I'm glad you turned your life around."
.@NikkiFriedFL now saying neither candidate rises to the level of being a chief DOAH judge, wants to find other candidates.
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR By a 3-1 vote, McIver is appointed chief DOAH judge. He was seemingly rushed out of the Cabinet room by the Governor's communications director and was not available for questions. #FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR P.S. For the record, Florida no longer follow Chevron Deference under a new state const'l amendment passed last year. Background here: forbes.com/sites/markchen…
#FlaPol

@AGAshleyMoody @NikkiFriedFL @GovRonDeSantis @flcourts @TheFlaBar @FloridaDBPR Here's another article by Colin Roopnarine of Berger Singerman: flabusinesslaw.com/government-and…
#FlaPol

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