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Boulder County’s Daily Camera columnist Doug Thorburn recently wrote a column praising local judge James C. Klein. The piece reserves plenty of kind words for the system that put Judge Klein on the bench.

Thorburn summarizes the problems with judicial elections, including campaign contributions that create the appearance of bias and bitter, negative campaigns that sour the reputations of otherwise competent jurists. He then describes how Colorado’s Merit Selection system works to correct these problems, and how it provides Colorado with qualified, impartial judges.

Colorado, Thorburn concludes, “should be grateful for a vetting of judges based upon merit from the outset.” We agree with this assessment, and we hope that we’ll soon be able to say the same thing about Pennsylvania’s appellate judges.

Critics of Merit Selection like to conjure up visions of a shadowy cabal of lawyers, meeting in a smoke-filled room to decide who has the right political leanings to be a judge. In reality, the people who serve on judicial nominating commissions are usually thoughtful men and women, lawyers and nonlawyers, who view the task of recommending qualified judicial candidates as an important civic duty.

Florida’s Judicial Nominating Commission is preparing this week to interview 49 candidates for two vacancies on that state’s supreme court. In an article about the work involved, members of the commission talk about how much time and effort they invest in the process.

Commission Chair Bob Hackleman calls the job “a grave responsibility,” and stresses the “need to be thorough.” Commission member Arturo Alvarez gives this perspective:

I really believe in the merit-selection process. It’s much like sitting on a jury. We actually say to ourselves, ‘My God, this is an important thing.’ Me, as a trial lawyer, I know the power a single judge can have over things.

We’re glad that the members of the Florida Judicial Nominating Commission take their responsibilities so seriously. We hope their work goes smoothly, and we hope that critics of Merit Selection will think of them before being impugning the motives of men and women serving their states with pride.

With a vacancy on Missouri’s Supreme Court, there is renewed criticism of the Missouri Plan, and talk in some circles about trying to get rid of the Plan and institute judicial elections. Check out Blue Girl’s post on Show Me Progress, which defends Missouri’s Merit Selection system.

Highlighting the benefits of the state’s model Merit Selection system, Blue Girl explains; “One of the most elegant features of the plan is the way it defangs the money monster. Success in partisan elections depends on money, on the financial contributors of donors (a very specious proposition when we are talking about the very concept of Justice)…” Implementing Merit Selection for Pennsylvania’s appellate courts would “defang the growing money monster” here as well.

Using common sense and frank talk, Blue Girl also attacks a frequently heard criticism of Merit Selection:

Detractors say that the process is too reliant on the input of lawyers, but that argument doesn’t get off the starting blocks with me. Who better to make judgments about legal professionals than other legal professionals? [W]hat a nightmare [it] would be if judges owed political favors to certain segments of the electorate, and naturally had a political bias against others. How could you call that justice?

Thanks, Blue Girl for some excellent insights on Merit Selection. We’ll keep our readers posted on the fight to preserve the Missouri Plan.

Iowa has used a merit selection process since 1962. Although their process is not perfect, observing judicial elections in sister states has confirmed for Iowans that they made the right choice. A June 11, 2008, editorial in The Des Moines Register addresses the problem of money in judicial elections:

Candidates must raise big money from potential litigants and law firms, and they wage campaigns that may suggest promising to take certain legal positions in exchange for votes.

This summary hits the nail on the head. No party or attorney wants to try her case against opposing counsel who has made monetary contributions to the presiding judge. No ethical judge will base her decision on which attorney’s pockets were deeper, of course. But the appearance of impropriety threatens to sully any elected judge’s reputation and threatens the judiciary’s unbiased, neutral reputation overall.

As the editorial notes, “Politics cannot be completely removed from judicial selection, but politics should not dominate, lest candidates be expected to make promises about how they will rule.”

We agree with this wise assessment. And though we can’t get politics completely out of the process of selecting appellate court judges, we can get the money out. We should follow Iowa’s good example and choose Merit Selection.

Voices Of Merit is an occasional series featuring insights from places where Merit Selection is already at work.

In Maricopa County, Arizona, Superior Court judges have been chosen by Merit Selection since 1974, after a voter-ratified constitutional change. The court publishes a brochure with the straightforward title Merit Selection Of Judges. It explains how the switch to Merit Selection has helped to create a court of skilled, diverse and fair-minded judges, “free from political debts that supporters may expect to be paid.” These are exactly the goals we have in mind for Pennsylvania’s appellate courts.