Diversity Denied: DeSantis Reshapes Florida's Courts With Prosecutor-Heavy Picks

Florida’s Governor Ron DeSantis has tapped Andrew Bain, a former state attorney turned private practitioner, to fill a vacancy on the Orange County Court. On its face, the announcement feels routine, a simple press release from Tallahassee dated April 9, 2025. Bain’s credentials are solid: a bachelor’s from the University of Miami, a law degree from Florida A&M, and years leading government and business engagement at Byrd Campbell, P.A. Yet beneath this polished résumé lies a troubling trend that’s impossible to ignore. Once again, the governor has chosen a familiar archetype, a prosecutor-turned-judge, to shape a judiciary that desperately needs broader perspectives.

This isn’t just about one man or one court. It’s about a system that keeps recycling the same voices while the people it serves, the everyday Floridians navigating evictions, family disputes, or minor criminal charges in county courts, grow more diverse and complex by the day. Bain’s appointment, tied to the enactment of HB 5401, fills a slot created to ease judicial backlogs. Fine. But what about the backlog of representation? What about the voices that never make it to the bench? Florida’s courts aren’t just buildings; they’re mirrors of who we are, or at least who we claim to be. Right now, that reflection is distressingly narrow.

Let’s be real. The governor’s team will tout this as progress, a step toward efficiency. HB 5401 pumped $13.6 million into new judgeships, a response to the Florida Supreme Court’s plea for help with overwhelming caseloads. Efficiency matters, no question. But justice isn’t a conveyor belt. It’s a promise, one that’s broken when the people deciding fates don’t look or think like the communities they judge. Bain might be qualified, but his appointment is a symptom of a deeper failure to prioritize inclusivity over insider networks.

Florida’s judiciary has been wrestling with diversity for decades, and the scorecard isn’t pretty. Back in the 1990s, governors like Lawton Chiles pushed hard to get more women and minorities onto Judicial Nominating Commissions, the gatekeepers of judicial appointments. For a while, it worked. Representation ticked up, and the bench started to reflect a sliver of the state’s vibrant mix. Then came the unraveling. By 2014, minority presence on those commissions had plummeted, and recent moves under DeSantis have only deepened the slide. The Florida Supreme Court’s decision to gut diversity funding at the Florida Bar, redirecting it to vague ‘outreach’ efforts, sent a clear signal: inclusivity isn’t the priority here.

Contrast that with what’s happening elsewhere. Women now dominate as law firm associates and federal lawyers nationwide, a seismic shift driven by decades of advocacy and education. In Florida, female law graduates are pouring into private practice, poised to reshape the legal landscape. Yet the judiciary, the pinnacle of that system, lags behind. Racial and ethnic diversity? Even worse. The governor’s 168 appointments since 2019, including Bain, lean heavily on state attorneys and private practitioners, often from the same circles. It’s a pipeline problem dressed up as meritocracy, and it’s leaving entire communities on the sidelines.

Advocates for judicial reform have been sounding the alarm for years. They argue, rightly, that a bench stacked with ex-prosecutors like Bain tilts the scales toward law-and-order instincts over empathy or lived experience. State attorneys play a vital role, sure, prosecuting crimes and partnering with police to keep communities safe. But when they dominate judicial appointments, the system starts to feel like an echo chamber. Where are the public defenders? The civil rights attorneys? The people who’ve fought for tenants or workers, not just the state? HB 5401 added 29 new judgeships, a chance to broaden the pool. Instead, we got more of the same.

Let’s talk about HB 5401, the legislation that sparked Bain’s appointment. Passed in 2024, it created 17 circuit court and 12 county court positions, a $13.6 million fix for a court system drowning in cases. The Florida Supreme Court begged for it, citing population growth and clogged dockets. Orange County, with its sprawling suburbs and urban core, was a prime target. On paper, it’s a win: more judges, faster rulings, less waiting for families or small businesses caught in legal limbo. Dig deeper, though, and the cracks show. The bill’s focus is quantity, not quality, and it’s silent on who fills those robes.

Supporters of the governor’s approach will argue it’s pragmatic. Case backlogs hurt real people, they’ll say, and new judgeships are a lifeline. Fair point. But pragmatism without vision is a half-measure. The $241,200 in nonrecurring funds for staffing is a start, yet local governments are left scrambling to cover facility costs. Meanwhile, the chance to rethink who gets to judge, to bring in voices from underrepresented corners of Florida, slipped away. Historical efforts under leaders like Jeb Bush prove diversity isn’t impossible; it just takes will. Today, that will is missing, and HB 5401 feels like a missed opportunity wrapped in a budget line.

Look at the data. Women and minorities remain underrepresented on Florida’s benches despite gains in the legal field. National trends show former private practitioners increasingly landing judicial roles, a path DeSantis favors. Fine, but why not balance that with public interest lawyers or community advocates? The governor’s grip on Judicial Nominating Commissions ensures his picks, like Bain, sail through. It’s not incompetence; it’s a choice. And that choice prioritizes control over justice, leaving Floridians with a system that’s efficient but not equitable.

Andrew Bain will take his seat on the Orange County Court, and the machinery of justice will grind on. For some, that’s enough. Dockets will clear faster, and the governor can notch another appointment on his belt. But for those who believe courts should do more than process cases, who see them as a cornerstone of fairness in a messy world, this moment stings. Florida’s judiciary isn’t just understaffed; it’s underimagined. Adding judges without rethinking who they are or where they come from is like patching a sinking ship with tape.

The fix isn’t complicated. Open the process. Demand diversity, not as a buzzword but as a mandate. Tap the talent flooding law schools and firms, the women and minorities ready to serve. Past governors showed it’s doable; current trends prove it’s urgent. DeSantis has the power to shape this system for decades, and with five of seven Supreme Court justices already his picks, the stakes are sky-high. Bain’s appointment isn’t the problem; it’s the pattern. Until that breaks, Florida’s courts will stay stuck, a step behind the people they’re meant to protect.