In Florida, Supreme Court justices are nominated by a commission and appointed by the governor. Every six years, they're up for retention. Voters decide whether to keep them on the bench or let them go.
Since the system was put in place in the 1970s, retention votes have been pro forma affairs, with justices doing little fundraising or campaigning.
But this year is different.
One ad, paid for by Americans for Prosperity, a national political action group founded by conservative billionaire David Koch, touched off a campaign by conservative activists who set their sights on reshaping one of the state's most powerful bodies.
A New Battleground
The ad criticizes the justices for blocking a 2010 initiative that opposed Obamacare. It was one of several decisions by the court in recent years that have angered conservatives.
"Shouldn't our courts be above politics?" the ad asks.
Fred Lewis, one of three Supreme Court justices up for retention, says conservative groups are injecting politics into a judiciary that's intended to be nonpartisan and independent.
"When you turn a judicial process into a popularity contest, then you have judges of whatever level looking over their shoulders before they make a decision," Lewis says. "And that's not the way this democracy is going to remain."
Enlarge Matt Stamey/Gainesville Sun /Landov
Speaking at the University of Florida in Gainesville, state Supreme Court Justice Fred Lewis said Florida's courts should be independent. Lewis is one of three justices fighting to keep his seat.