Apr 01 2008

Don’t Be Misled by Anti-Merit Rhetoric

Published by Lynn at 12:30 pm under Merit Selection, Our Perspective

We think Merit Selection is the best way to choose appellate judges, and we think it would be a good system for Pennsylvania. But we don’t want to impose a Merit Selection system on the people. We want to present the proposal to the voters of Pennsylvania, and let them decide.

Critics like to accuse Merit Selection supporters of trying to “take away [the] right to vote for judges.” It’s a scare tactic, and it ignores reality. No one wants to take anything away from the public, and no one can change the way we pick appellate judges unless the people of Pennsylvania vote to do so.

Changing the way Pennsylvania selects appellate judges requires an amendment to the state constitution. No amount of legislative action or advocacy by Merit Selection supporters can make that happen. The only way to amend the state constitution is to let the people vote in a public referendum, a yes or no vote on whether or not to change the way we pick appellate judges.

That is what the current Merit Selection campaign is aiming for. We are ready to put this issue to the ultimate test, by giving the voters their chance to decide.

It’s also telling that opponents of Merit Selection fail to notice the retention election component of the proposal. Every appellate judge appointed under the plan will face a statewide retention vote after four years on the bench. If the judge is retained, he or she will serve for a 10 year term, with another retention election at the end of each term.

The retention election component preserves the right of the the people to observe each judge in action, and to decide whether that judge should stay on the bench. The public voice, and the public vote, will still be important to the process under Merit Selection.

We understand that changing the way a branch of government is chosen is a serious matter. This is even more true when it involves moving away from a purely electoral system. But don’t be fooled. Only the voters of Pennsylvania can make this change happen. No one can take away the elective system, and no one can force Merit Selection on the people. The people have to vote for it.

We are not afraid to let the people vote and decide this critical issue. We think it’s time for the people to determine whether our current system is working or if there’s a better way.

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