Election v. Selection
John Featherman moonlights as a columnist at Philly.com and writes about local politics and consumer-related issues. During the day, he sells and teaches real estate and is often seen frequenting Philadelphia's many ethnic enclaves for mom-n-pop greasy spoons. Having lost the Republican mayoral primary in Philadelphia in 2011 by just 64 votes, Featherman's theme song is the Beatles' "When I'm Sixty-Four."
Election v. Selection
John Featherman
At a recent political corruption trial in Philadelphia, an assistant district attorney attacked a defendant, “Isn’t it true that you took a $10,000 payoff to look the other way?”
The witness refused to respond.
“I will ask you again. Didn’t you accept a $10,000 bribe to compromise this case?”
The witness remained silent.
The judge motioned to the defendant and said, “Will you please answer the question?”
“Oh, sorry, your Honor,” the defendant replied. “I thought he was talking to you.”
* * *
Unfortunately, in Philadelphia, that variation of an oft-popular joke is the reality.
Philadelphia – you know – the town that loves you back … to the tune of a 77-count indictment.
Not since one of the accused, who allegedly put his “judicial member” on display, became late night TV and radio fodder, have Philadelphia’s judges been put under a microscope and had their performance measured so accurately. Unfortunately, the traffic court judges have come up a little short.
The FBI probe into ticket fixing by Philadelphia judges has been a three-year project – three long years, apparently, of taxpayers being ripped off and the politically-connected beating the system.
With Philadelphia’s city government not exactly having a reputation for being the beacon for best practices, it should make us all wonder whether we need to rethink how we can emerge from this rapid erosion of public confidence in local government.
Perhaps we need to completely stop electing and retaining judges, and exclusively use merit selection in order to eliminate reduce corruption in Traffic Court.
I grew up believing that every judge had to have a law degree. How shocked I was when I realized just about anyone can run for Traffic Court judge.
There are plenty of pundits who are chiming in on how to reform Philadelphia’s broken judicial system. Some candidates are suggesting you elect them to replace the incumbents. Others are recommending eliminating traffic court altogether and transferring it to Municipal Court.
But in the spirit of the “U-Turn” column, I’m encouraging a complete, 180-degree turn and want us to completely eliminate voting for any judges.
This debate is not new. Au contraire, it’s old and tired. But that’s because we didn’t have support until just now to make the case. Today, most of us who want “good government” are in excruciating pain. We are embarrassed for Philadelphia. We are furious about those that got an unfair break on their tickets when we paid ours. We are continuing to lose faith in our government – whether it’s City Council, our Mayor, or our judges.
How can we even attempt to put honor, trust and integrity back into the courts? The answer is through merit selection.
No process is perfect, and merit selection certainly has its downfalls and its critics.
But allowing a small commission of qualified and respected peer attorneys to make the decision has been endorsed by former Gov. Ed Rendell, as well as “good government” reporters like Philly.com’s Holly Otterbein and WHYY’s Dave Davies - two journalists that have made careers of being consumer advocates. As Davies notes, “Pennsylvanians for Modern Courts has been pushing merit selection for years ... maybe in 2013?”
The Pennsylvanians for Modern Courts proposes “a hybrid system that combines the best features of appointive and elective systems and adds a new component - an independent, bipartisan citizens commission that screens and evaluates potential candidates for the bench.”
That sounds a lot better than a system that allows a huckster with no relevant qualifications, no experience and a bad temperament to get on the bench. The idea of judicial candidates continuing to “make commitments” to people to get themselves elected is, well, sickening. The last thing we need moving forward is a judge who is beholden to a major contributor or to a party boss.
In 2007, supporters of then-mayoral candidate Tom Knox, filed a legal challenge to Democratic City Committee Chairman Bob Brady’s mayoral nomination papers. When Knox found out that the case would be heard by a Luzerne County judge, Knox told a reporter, “Oh, good, that's so far away, he probably doesn't know them there.”
Brady eventually won the case.
Peer review during the merit selection process will help to establish a record of how a prospective judge has behaved and treated people in the past. It’s no guarantee that you won’t accidentally choose a stinker, but is probably the best method to get honest information out of the candidates.
Merit selection in 2013. Let’s see it happen.
"But allowing a small commission of qualified and respected peer attorneys to make the decision..." Yeah, because the local law firms aren't really the breeding ground for so many of the crooks in local government in the first place. Meathead Brady is chuckling at this idea, John. He's got the lawyers in his back pocket too. b,ill at,kins- I agree, but think Brady is actually laughing at the idea of justice itself. Featherman's real argument is that the City voters are either incapable or unwilling to select non-criminal candidates in any given election. He's right, and this problem is not limited to the election of judges but extends to every elected office in the city.
But admitting that the City is really a 21st century plantation, the Mayor and his Mafia government are 21st century slavemasters, and the public their slaves, are not easy things to do. What is left to be said when the people seem both content and naturally fit to remain in their state of servitude?
Frederick Douglas said "He who would be free must strike the first blow." China Panda says "If you are happy to sit in your slave-chains, then brother, that is where you shall forever remain." China Panda
I don't know that I'm comfortable taking something currently in the hands of the people out of the hands of the people. It's a slippery slope. What we need are more informed voters, perhaps by a general return to civics within the education system. Too many idiots are electing too many idiots. KDH- Your point is well taken...as evidenced in the last presidential election. "How can we win when fools can be king." Knights of Cydonia,MUSE dogman5
- Very well stated. I never trust politicians or their media mouthpieces proposing 'reform' that takes responsibility from the citizenry and gives it to a small cadre of 'elites'. I don't know why, but I expected better from Featherman.
b,ill at,kins - If 'the people' showed any ability to make choices in their best interest, I'd agree with you. Want percentage of those voting know ANYTHING about those running for judge? I'd bet much less than 1%.
Hell, the voters pick the same clowns for City Council because they recognize the name. What a criteria?
Popular election for most offices in this country is a complete joke.
How about a 3 person panel....2 can be lawyers or elected officials and the third being a "Joe Schmoe" that will over hear cases and make a decision based on a 2 to 1 outcome or better? PhillyTaz
Naivete at its best. All we need are "qualified" people who are picked by other people to pick judges. And the political part is disappeared!
How about: the local press begins covering the election for row offices and judges BEFORE the day before the election. Then two good things can happen: we can have some knowledge about these elections and the candidates, and we can be spared editorials by good-goverment people who want to shut out the electorate from elections. brinsley- Hell freezes over, we agree on something.
b,ill at,kins - Worlds collide.
pachysandra
What should be done is that a panel sets minimum requirements to be a judge. Let the panel verify the credentials of someone running. Than thank the Republican candidate for coming and give it to the Democrat. Cause we all know no one in Philly votes for the best or most qualified, they just pull the democratic lever. Just save us the hassle at the polls. Tiller
Those opposed to 'taking the choice away from the people', please consider this. 'The people' who elected these judges into their positions got us into this mess in the first place. Either use merit based selection by an nonpartisan panel, or set minimum requirements to be a judge, one of which is a license to practice law. Time for the average person who knows nothing about the law and application of the law to be put into positions of interpreting and enforcing the law. ena1977
KDH: Fair point but the election of judges is not constitutional right. Federal judges are appointed. The election of judges carries far more risk than appointment. Philly is full of unqualified lawyers sitting on the bench. The defense attorneys fund the judges campaighs. Then the judges repay the defense attorneys in court with unjust rulings, whether it is straigt not guilty when the evidence says othewise, or a short county sentence when the defendant should be sent to the state system. Repeat offenders are how defense attorneys make some of their money. This corruption hurts the poor and minorities the worse because they are the victims of crime in Philadelphia. Time for appointment. StevenG
Does anyone really believe that these guys are actually elected? They are annointed by the political machine that runs this city. It costs them plenty in contributions of cash and time, politcial capital, and family connection. It would not change if they were appointed by the Governor. This has gone on since time in memorial. BillyBob369
And if you really believe those in power wwould vote against themselves... you are brain dead! Mayor Nutter is the head of corruption in philly ask dwight evans noncents




