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Tuesday, December 8, 2009

Yesterday, the State House held hearings on an old idea: ending the practice of electing judges in Pennsylvania. The bill, which is sponsored by State Rep. Matthew Smith, has gained new support in recent months thanks an expensive election to fill a Supreme Court vacancy and the “cash for kids” scandal in Luzerne County.

The bill has a strong supporter in Gov. Ed Rendell. He sent a letter yesterday expressing his support and calling on the General Assembly to take action.

I have said on many occasions that our system of electing appellate judges makes no sense. It is no secret that there is great concern in Pennsylvania about the role of money in judicial elections. Current law could allow judicial candidates to accept indirect contributions from lawyers and special interest groups that may eventually have to argue a case before that judicial candidate. It is no wonder that Pennsylvanians have been losing faith in our courts and our judges.

Establishing a merit selection system would squarely remove the influence of money in our judicial elections and ensure fairness in the judicial system. That is because merit selection will help ensure the most qualified individuals of all backgrounds from all parts of Pennsylvania -- even those without political connections -- get appointed to our appellate courts.

Strong words -- but from a lame duck governor. Here are the details of the bill, from a story in today's Philadelphia Inquirer.

The merit-selection proposal would apply to Commonwealth and Superior Courts, the intermediate appellate courts, and to the Supreme Court. Common Pleas Court judges, elected on a county level, are not included in the legislation.

Under the legislation, the governor would select an individual recommended by a 14-member commission: four gubernatorial appointees, four General Assembly appointees, and six public representatives from business, unions, civic groups and law schools. The nominee would face Senate confirmation.

Does this proposal go far enough to remove the taint of money from the judicial process? Or does it make sense for judges to have to face the voters?

Review city services on our sister site, City Howl.

Posted by Ben Waxman @ 3:22 PM  Permalink | 5 comments
Comments   
  • 0 like this / 0 don't   •   Posted 4:11 PM, 12/08/2009
    If Rendell can pull of this important reform, his legacy is secure. That's how important merit judges is to the quality of the judiciary in this state. We'll have to name streets after him in Philly.
    CleanupPhilly
  • 0 like this / 0 don't   •   Posted 8:33 PM, 12/08/2009
    What took so long?
    shnuggleshnee
  • 0 like this / 0 don't   •   Posted 9:00 PM, 12/08/2009
    Rendell speaking out against the influence of special interest money...is like Chris Rock saying you shouldn't use profanity to get laughs. The second layer of irony is Rendell himself will then be able pack the courts with judges who'll support his own political agenda and his own political cronies.
    rbpeeple
  • 0 like this / 0 don't   •   Posted 10:56 PM, 12/08/2009
    "Merit selection" by whom and based upon what criteria exactly? The devil's in the details and those are seriously lacking. The idea of a 14 member commission selected by the governor and the assembly with six "public" representatives is hardly inspiring. Electing them isn't ideal but as to "merit selection" I'd caution you may want to be careful what you wish for because you may well get it and find it not exactly what you imagined. The cure here may well be worse than the illness. And why is it exactly that the Common Pleas Judges are excluded??? The Luzerne scum were Common Pleas Judges. The vast majority of civil and criminal cases never go to the appellate courts covered by the proposed "merit selection." The influence of money in the system is more acute in the trial courts - the Common Pleas. So why again is the proposed change excluding the common pleas court?
    Tkat
  • Comment removed.


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