judgesonmerit.org

Sometimes, we’re asked whether it’s possible to fix the electoral system, rather than changing to Merit Selection. Our critics often argue that we’d do better to improve voter education when it comes to judicial elections. We agree that voter education is a critical issue, and PMC spends considerable time, energy and resources on voter education initiatives during judicial election cycles. But, we remain convinced that even greatly improved voter education isn’t enough to salvage the elective system. We’re not alone in this assessment.

Blogger David Giacalone at f/k/a parses a discussion about the benefits of increased voter education, and reasons that Merit Selection is the best way to overcome the influence of money on judicial selection.

In a joint letter to the Philadelphia Daily News, PMC Board Chair Bob Heim and PMCAction Board Chair Bob Fiebach respond to a critic of Merit Selection. In an earlier post, we pointed out the critic’s fundamental misunderstanding of Merit Selection and unreasonable fear of letting the voters decide the best way to choose appellate judges. In their letter, our leaders neatly sum up the problem: “[The critic] does not understand what so many voters know: Judges are different.”

Heim and Fiebach point out that judges have different responsibilities than other public officials. Politicians are expected to make promises to constituents and campaign donors. At election time, those promises - kept or not - often decide their political fate. By contrast, judges “are sworn to uphold the law in an even-handed manner without regard to personal belief, political pressure, popular will, or the preferences of campaign donors.”

“How can we expect judges to campaign like other elected officials and then, when they take the bench, expect that the public will view them differently? No wonder this system breeds a lack of public confidence.”

Our leaders close with a reminder that Merit Selection advocates want to give the people a chance to decide the best way to select appellate court judges. Critics of Merit Selection seem very worried about letting the voters make this decision. Why is that?

After months of attack ads, and millions of dollars in third party spending, the race for a seat on the Wisconsin Supreme Court is over. Wisconsin has a new justice. The rest of us have a clear example of why we need to protect selection of appellate judges from elective politics.

Although Wisconsin’s judicial elections are technically non-partisan, support for the candidates lined up neatly along political lines. Incumbent Justice Louis Butler received support from Democrats and labor groups, while challenger Burnett County Circuit Judge Michael Gableman’s backing came from Republicans and conservative organizations.

In a race that the Associated press called “one of the state’s nastiest,” outside interest groups on both sides of the political fence spent millions of dollars on advertising. While nobody knows exactly how much money these groups poured into their ads, CNN reports that, as of Monday, more than $3 million had been spent “just on TV ads in the state’s top three media markets: Milwaukee, Madison and Green Bay.”

It isn’t just the dollar amount that’s scary. WisPolitics.com’s election blog reports that these groups outspent the candidates themselves 11-to-1 on TV ads. Even the candidates themselves expressed concern that their messages were being overwhelmed by the third-party ad blitz.

Finally, the content and tone of the advertising helped push the race into the media spotlight. Misleading attack ads from both sides prompted the editorial board of the Wisconsin State Journal to forgo endorsing either candidate. Instead, they chose to endorse “a better method of choosing state Supreme Court justices — a method called Merit Selection.”

We hope that the voters and legislators of Pennsylvania will see the wisdom in the State Journal’s declaration that “justice should be blind, but voters should not be blinded by misinformation.” It’s time to remove partisan bickering and big-money politics from selection of appellate judges. It’s time to replace partisan election of Pennsylvania’s appellate judges with Merit Selection.