judgesonmerit.org

As the campaign for Merit Selection progresses, we hear some inaccurate arguments repeated by those who oppose Merit Selection. In an effort to set the record straight, we’ll reveal the truth and clear up these myths.

Myth #4 Merit Selection is Just Like the Federal System for Selecting Judges

The federal system of selecting judges is a pure appointment system. Although many qualified judges reach the bench this way, the federal system isn’t Merit Selection.

First of all, under the federal system, the president can appoint anyone of his/her choosing. That nominee is then subject to Senate confirmation, and will serve for life or good behavior.

Absent from this system is a key piece of Merit Selection: the constitutionally-mandated role of the nominating commission, a nonpartisan citizen-based commission charged with evaluating candidates for the appellate courts.

Under Merit Selection, the Governor is required to make a nomination from the commission’s list of highly qualified candidates. No such requirement exists in the federal system. Although Pennsylvania has a bi-partisan nominating commission to advise our United States Senators on possible federal court appointments, its recommendations are not binding on the president.

Merit Selection also provides that following a brief term on the bench, a judge would stand before the public in a nonpartisan, yes/no retention election. The federal system doesn’t have any sort of retention election; once confirmed, federal judges serve for life or good behavior.

Keep visiting JudgesOnMerit.org to learn the truth about Merit Selection.

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