judgesonmerit.org

JudgesOnMerit.org is a project of Pennsylvanians For Modern Courts and PMCAction. We believe that Merit Selection is a better way to choose Pennsylvania’s appellate judges.

Merit Selection provides pathways to the appellate bench for candidates of diverse backgrounds who are experienced lawyers and jurists.  Qualifications and skills are the key factors in determining who reaches the appellate bench in a Merit Selection system.

Merit Selection removes campaign donations from the judicial selection process, allowing appellate judges to be chosen based on their qualifications and experience. By getting judges out of the fundraising business, Merit Selection promises appellate courts free from the perception of potential bias toward campaign contributors.

If you’d like to add your name or organization to the growing list of supporters of Merit Selection in Pennsylvania, we’d love to hear from you. Please fill out & return the Supporter Form, or contact us at info@pmcaction.org.

In his Philadelphia Daily News column, John Baer laments the lack of legislative action on various reform proposals. Baer notes that some reform measures passed, such as the Open Records law, but argues that “these merely bring Pennsylvania a few of the basics of a decent democracy. Efforts at real reform lie dying.”

Baer is correct. We’re approaching the summer recess with many issues still in a holding pattern. Several of these issues require constitutional amendments, which must be passed before the summer recess in order to have enough time for the constitutionally-mandated publication to occur. This includes both legislative redistricting and Merit Selection of appellate judges.

There’s still time left for real reform. Legislative hearings where different groups could discuss Merit Selection would be an excellent step forward. As the pressure to pass the new budget becomes more urgent, its important that our state legislators know that we want reform to stay on the agenda. Tell them it’s not too late.

On Sunday, the Centre Daily Times called for Pennsylvania lawmakers to consider a constitutional convention. the Times says that “it is time to start over. It is time to recraft the document by which we govern ourselves, a document that has changed little in more than a century and a quarter.”

Although we’re hoping there will be a stand alone amendment to address Merit Selection for the appellate courts, we’re glad to see that the Times included Merit Selection of appellate judges in its list of necessary reforms.

Yesterday, PMC Associate Director Shira Goodman made a presentation about Merit Selection to the Pennsylvania Leadership Conference. Goodman spoke on a panel dedicated to The Future of Reform in Pennsylvania and opened her remarks by saying “I’m here to talk to you about why we believe it’s time for Pennsylvanians to decide how they want to pick their appellate judges.” The presentation about the benefits of Merit Selection was well-received, and is being broadcast on the Pennsylvania Cable Network.

You can find more coverage on the conference in Philadelphia’s The Bulletin newspaper.

UPDATE: Videos of the conference speakers and panels are now available.

In an op-ed in the Daily News, Merit Selection opponent Gerald McOscar reiterates some common misconceptions about Merit Selection. We thought we should answer his questions and correct his inaccuracies.

Let’s start with his primary question, why Merit Selection for judges but not for other public officials. First, to be clear, the current legislative proposals would implement Merit Selection only for the three appellate courts. Elections to these courts require judges to run statewide.

Second, judges are different from other public officials. Judges are sworn to act impartially and faithfully uphold and apply the law, regardless of personal preference, political pressure, popular opinion and the desires of campaign contributors.

Other officials, like governors, senators, representatives and mayors are not subject to such limitations. Instead, they represent constituencies, make promises in order to win votes, and are held accountable for whether they live up to those promises. People donate to the campaigns of these officials because they agree with their agendas and expect them to carry out those agendas once in office.

By contrast, judges cannot promise to rule a certain way once they reach the bench. But they still need to raise lots of money to run statewide campaigns. Who contributes to such campaigns? The bulk of the donations come from lawyers, lawfirms and other organizations that frequently appear before the state courts as counsel or parties.

No one should have to worry whether the opposing party or counsel in court contributed to the presiding judge. But in a system that requires judges to raise lots of money to run in statewide partisan elections, people do worry about this. Merit Selection gets judges out of the fundraising business and lets judges be judges, not campaigners and fundraisers.

Next, Mr. McOscar seems not to understand that changing to a Merit Selection system for the appellate courts involves amending the constitution. It’s not something the governor or the legislature can do of their own accord. In fact, the Governor does not even have a role in the amendment process. The legislature must pass the same constitutional amendment in two successive sessions and then the people must vote for it in a referendum. The system can only change if the people of Pennsylvania vote for a change.

And that brings us to his third question, why has it taken so long to bring this reform to Pennsylvania? Because opponents of Merit Selection are afraid to let the voters decide for themselves the best way to pick appellate court judges. That’s why this issue hasn’t gone before the people in 40 years.

Supporters of Merit Selection trust the voters to make this decision. But opponents haven’t given the voters this chance. What are you so afraid of, Mr. McOscar?

Lynn Marks, Executive Director of Pennsylvanians for Modern Courts, above, gives the opening remarks.  Rep. Josh Shapiro is at her right and Sen. Jane Earll at her left.

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Before last year’s November elections, the Towanda Daily & Sunday Review explained why they don’t regularly endorse judicial candidates — they think the current judicial election system is flawed.

“Merit appointment, with state Senate confirmation, would be a better way to ensure the basic qualifications of appellate candidates. And it would ensure greater judicial independence by taking money out of the process.”

Prior to the November elections last year, the Philadelphia Inquirer published an editorial calling for merit selection, citing advertisements supporting Maureen Lally-Green purchased by a Virginia-based nonprofit which refused to disclose their funding sources.

Nearly a year ago, the Pittsburgh Post-Gazette reported that Sen. Jeffrey Piccola’s top goals for reform included merit selection.

“As it is, the issues that Sen. Piccola believes should be tackled all hold great promise. Chief among them for the Post-Gazette are:

Adopting a merit selection system to choose judges. Voters should have a role in approving an appointed panel’s selection eventually, but they often don’t bother to learn enough about the candidates to make an informed initial choice.”