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Lynn Marks, PMC’s executive director, joined the moderator of Pennsylvania Newsmakers, Terry Madonna, on Sunday to discuss Merit Selection and the need for judicial selection reform in Pa.

Marks outlined some of the problems inherent in judicial elections:

Just think of yourself in court and then you start wondering, ‘Gee I wonder if Terry made a large contribution to one of those judges. And then I think, ‘I wonder if Terry’s lawyer made contribution, and then I think, ‘Gee I hope my lawyer made a huge contribution.’ I shouldn’t even be thinking that when I’m in a court of justice.

Merit Selection takes judges out of the fundraising business.  Judicial campaigns would not have to raise money from lawyers, law firms and organizations that later could appear before them in court.

Currently, this overlap between contributors to judicial campaigns and frequent participants in court is a major cause of concern for the public.  It creates the perception that judges are beholden to special interests, which undermines the integrity of the courts.

Under Merit Selection, this fundraising cycle would be broken, and people would not have to question whether a judge might be influenced by a campaign contributor or supporter.  As Marks explained,

“That’s all we’re asking for, is for. . . [litigants] to feel like they’re getting a fair shake in court.”

PMC’s Lynn Marks appears on this week’s Newsmakers with Terry Madonna to discuss Merit Selection of appellate court judges. The show follows PMC’s recent release of a public opinion poll demonstrating widespread support for Merit Selection and an overwhelming desire to have the issue put to a public referendum.

Here is a list of channels airing the show:

This morning at 9:30 PMC Executive Director Lynn Marks will appear on WITF’s Smart Talk (89.5 and 93.33 FM Harrisburg)  to discuss Merit Selection and the Governor’s call for the legislature to move the legislation.

Passage by the legislature is only the first step in the lengthy constitutional amendment process.  If the legislation passes this session, it must pass again during the 2011-2012 session.  Then, it would go on the ballot for the public to vote in a referendum.  We can only change the way we select appellate judges if the people  of Pennsylvania vote to do so.  We hope the public will get the chance to make that decision.

Yesterday’s call by Governor Rendell for the legislature to pass the pending Merit Selection bills has got Pennsylvania talking.  An editorial in the Philadelphia Daily News shares the Governor’s sense of urgency to pass the legislation and argues: “Imagine if judges didn’t have to rely on the kindness of ward leaders, or the luck of ballot position.”

In addition, the Philadelphia Inquirer has a full report on the news conference and quotes the Governor’s exclamation that there is “no excuse for not moving the legislation this year and putting the question on the ballot by late 2011.” The Inquirer also quoted PMC Executive Director Lynn Marks who explained that Merit Selection is designed to get the most qualified, fair and independent people on the appellate courts.

The Pittsburgh Post-Gazette notes that the Governor is seeking to give a jumpstart to the Merit Selection legislation.  The article quotes local State Senator Jim Ferlo on the need for reform: “The impact of the electoral system on the impartiality of judges puts the fairness of our courts in question, and now requires judicial candidates … to raise millions of dollars to run their campaigns.”

Additional coverage of the Governor’s press conference and the call for action can be found at WHYY 91 FM, the Citizens’ Voice, the Times Leader, the Patriot-News, and Gavel Grab.

KYW 1060 reported on the American Judicature Society report on the degree of overlap between contributors to the campaigns of Pennsylvania Supreme Court justices and those appearing before those justices in Court.

The news report quoted PMC’s Lynn Marks explaining that although the report does not draw any conclusions about whether the contributions influenced judicial decisionmaking, “Each dollar raised and spent raises doubts in the public’s mind about whether or not justice is for sale.”

The report quoted Pennsylvania’s Chief Justice Castille’s response:

‘I actually share that opinion to some degree myself. . . . The money does have an outward appearance of a lack of fairness in the system.’ Castille says that’s one of the drawbacks to elected judges.

We very much agree with this assessment and hope Pennsylvanians will have the opportunity to determine whether to change how we select appellate court judges.

Pennsylvanians for Modern Courts today announced that the 2009 Supreme Court election between Republican Joan Orie Melvin (the winning candidate) and Democrat Jack Panella is likely to set new fundraising and spending records.  The final numbers are not yet in, as candidates can continue to raise funds until the end of the year.  But we can now report that the Supreme Court election cost at least $4.5 million, and PMC believes the total is significantly higher.

PMC’s press release documents fundraising and spending by the candidates’ campaigns, but notes that although they together raised and spent over $3.6 million, that is not the whole money story.  Instead, we found it necessary to research who else was spending money on the election.

The answer was political bodies, incuding the state Republican Party, the state Democratic Party, and the Republican Senate Committee.  In fact, the state Republican Party directly funded Judge Orie Melvin’s television campaign, to the tune of at least $975,849.  This means the state Party outspent the candidate’s own campaign.

Reports also reveal that from January 1, 2009 until November 23, 2009, the state Republican Party spent at least four million more and the state Democratic Party spent close to $2 million. Although the parties were not required to identify the candidates on whom they spent money, it seems reasonable to assume that a good portion of that six million dollars was directed to the Supreme Court election.

Pennsylvania had the nation’s most expensive Supreme Court elections in the 2007-08 election cycle, and the available data is leading elections experts to predict that Pennsylvania will again earn that title for 2009-10.   As PMC’s Lynn Marks explained, “Pennsylvanians should not take pride in leading the nation in spending for judicial elections.  Each dollar raised and spent raises yet another doubt in voters’ minds about whether or not justice is for sale.”

Bills:

• House Bill 1619 and House Bill 1621

News and Press:

• Philadelphia Inquirer: House urged to end election of Pa. judges, Amy Worden. Lynn Marks quoted.
• WHYY: Pa. having doubts on wisdom of electing judges, Scott Detrow. Robert Heim, PMC Chairman, quoted.
• PR Newswire: Governor Rendell Endorses Judicial Merit Selection Reform Bill
• Capitolwire (Subscription Required): House committee weighs benefits of appointing appellate judges, Laura Olson. Lynn Marks quoted.

Blogs and Opinions:

• Gavel Grab: Merit Selection Urged at Pa. Hearing; JAS Submits Pa. Testimony on Merit Selection
• It’s Our Money Blog/ Philly.com: Rendell pushes for merit selection of judges

And of course, read our take on the hearing here.

We will post more comprehensive coverage of the hearing, including transcripts of testimonies, within the next few days.

On Monday, the Courts Subcommittee of the House Judiciary Committee held a hearing on the pending Merit Selection legislation.  Representative Josh Shapiro (D, Montgomery) chaired the hearing in Subcommittee Chair Don Walko’s (D, Allegheny) absence. Also attending were Minority Subcommittee Chair Tom Creighton (R, Lancaster), bill sponsor Matt Smith (D, Allegheny), Mike Vereb (R, Montgomery), Joseph Petrarca (D, Armstrong), Kathy Manderino (D, Philadelphia and Montgomery), Kate Harper (R, Montgomery), Glen Grell (R, Cumberland) and Deberah Kula (D, Fayette and Westmoreland).

The hearing was very informative.  Nearly all who testified — both those who supported the legislation and those who opposed it in some way — agreed that there are problems with the current electoral system, notably the role of money in the process.  This consensus is significant and reflects the public’s belief in the corrupting influence of money in the process.

Testifying on behalf of the legislation were PMC and PMCAction’s Bob Heim, Lynn Marks and Shira Goodman; Dave Taylor of the Pennsylvania Manufacturer’s Association; and Charlotte Glauser of the League of Women Voters of PA.  J. Whyatt Mondesire of the NAACP was scheduled to present testimony in support of Merit Selection but was unable to attend.

In the next few days, we will upload copies of the testimony presented at the hearing, but we offer a few highlights.  Bob Heim, Chair of PMC, focused on the need for reform and the importance of getting judges out of the fundraising business. He highlighted the public’s growing concern that money can influence judicial decisionmaking and called on the legislature to allow Pennsylvanians to decide whether to change the way we select appellate court judges.

Charlotte Glauser of the League of Women Voters of PA explained the League’s long standing support for Merit Selection, urging “Passage of these bills will do much to restore the public image of independence of Pennsylvania’s appellate court system.”

PMA’s Dave Taylor explained that Merit Selection would “improve the professionalism, integrity, and independence of the judicial branch of goverment.” Taylor explained:

By combining elements of elective and appointive systems for nominating our appellate court judges, Pennsylvania can uphold the professionalism of the courts and protect our jurists from the conflicts of interest that inevitably arise from political fundraising and campaigning.

Testifying in opposition were Tom Foley III of the Pennsylvania Association for Justice (formerly the Pennsylvania Association of Trial Lawyers), Professor Michael Dimino of Widener University, and Rick Bloomingdale, Secretary Treasuer of the AFL-CIO.  Professor Dimino actually endorsed a Merit Selection for the Superior and Commonwealth Courts and even for the trial level courts, but argued against Merit Selection for the Supreme Court.

Rick Bloomingdale of the AFL-CIO noted the organization’s current opposition to the legislation, but expressed a willingness to support an amended version of a Merit Selection plan. This is significant, and we are hopeful that as the Committee considers the bill, we can work with our traditional partners and with groups such as the AFL-CIO to design the best system of judicial selection for the Pennsylvania appellate courts.

In a publicly released letter to bill sponsor Matt Smith, Governor Rendell again expressed his strong support for Merit Selection:

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.

PMC and PMCAction are grateful to the House Judiciary Committee and its Subcommittee on Courts for the opportunity to present public testimony at yesterday’s hearing. We thank the bill sponsors, Representatives Smith and Will Gabig (R, Cumberland), for their leadership as well as all the representatives who attended the hearing.  We look forward to working together to achieve a better way for Pennsylvanians to select appellate court judges.

On Monday December 7, the Courts Subcommittee of the House Judiciary Committee is holding a hearing on the pending Merit Selection legislation.  The hearing will be at 10:00 am in Room G50, Irvis Office, Capitol Building.

Testifying in support of implementing a Merit Selection system for the Pennsylvania appellate courts will be Robert Heim, Lynn Marks and Shira Goodman of Pennsylvanians for Modern Courts and PMCAction, J. Whyatt Mondesire of the NAACP, Dave Taylor of the Pennsylvania Manufacturers’ Association and Charlotte Glauser of the League of Women Voters of PA.

The hearing is the first step in the process of moving forward with legislation to amend the constitution.  We hope this process will allow Pennsylvanians to have an important dialogue about whether we should change the way we select appellate court judges.

We know from polls and surveys and from low voter turn-out that there is great concern about the role of money in judicial elections.  We also know that Pennsylvanians have been losing confidence in our courts and judges.  We believe Merit Selection — which focuses on getting the most qualified, fair and impartial judges on the appellate courts and gets judges out of the fundraising business — will be a significant factor in restoring public confidence in our courts.

Pennsylvania Governor Ed Rendell began a 3-month tour of the state in which he is calling for sweeping changes, intended to overhaul the notoriously broken political process in the state.  Appropriately, the Governor began his education campaign in Luzerne County, where judicial corruption of an unprecedented scale has damaged the public’s confidence in government at all levels, but particularly in the judiciary.

One of the three core-changes the Governor is targeting to purge corruption from state politics is to switch to merit selection of appellate court judges. Speaking to various audiences, including the Wilkes-Barre Times Leader editorial board, the Scranton Chamber of Commerce, and students at Wilkes University, the Governor highlighted two of the serious flaws with our current system of judicial selection: confusion in the voting booth, and money. The Times-Leader reported:

‘People don’t have a clue who they are voting for,’ Rendell said. ‘In an exit poll conducted five years ago, voters were asked five minutes after they voted to name any of the judicial candidates they voted for, and 50 percent couldn’t remember one.’”

Rendell also criticized political campaign donations to judges. ‘Who gives money to judicial candidates? It’s lawyers, for the most part,’ he said.”

The antidote the Governor proposed is to put qualified judges on the bench through a system of merit selection, where they will be untainted by the corrupting influence of money that Luzernites are, unfortunately, all too familiar with.

This message was music to the ears of Lynn Marks and Shira Goodman of Pennsylvanians for Modern Courts (PMC), an organization which has long been calling for Pennsylvania to adopt merit selection for the appellate courts. As PMC’s Lynn Marks explained:

‘Merit selection focuses on getting the most qualified candidates on the bench, offers an opportunity for qualified men and women of all backgrounds from all over Pennsylvania to serve and gets judges out of the fundraising business.’”

The other changes proposed in the Governor’s plan are to implement campaign-finance reform for elected politicians to limit the influence of lobbyists on the state’s lawmakers, and to prevent incumbent legislators from maintaining their power through absurd reapportionment of voting districts.

You will recall that in the just-passed race for a vacant seat on the state’s Supreme Court, vast sums of money were spent on negative advertising. According to many commentators, the race was particularly important to the political parties this year because of the reapportionment issue. In a state like ours, where judges hang party labels after their names (we are one of 6 states that elect judges at all levels in partisan elections), the Supreme Court’s role in deciding contested reapportionment questions becomes a political question and Supreme Court elections become tempting targets for the influence of big money.

We are delighted that Governor Rendell is bringing the problems with electing judges front and center, and think there is no better place to launch this message than a county that has felt first-hand what hell can be wrought by judges tainted by the influence of money.