judgesonmerit.org

Folks are wondering what the United States Supreme Court’ s decision in Caperton will mean for Pennsylvania, one of only six states that elects all judges in partisan election contests.

Although the high Court recognized that in an extreme case campaign contributions can require recusal, we think Pennsylvania judicial elections won’t change very much as a result of the decision.  Instead, the money will keep rolling in and, although there may be some more recusal motions filed on the basis of those donations, judges likely will not believe that the Caperton decision compels them to recuse on a regular basis.

But that doesn’t have to mean business as usual in Pennsylvania.  According to an article in the Philadelphia Inquirer, many are predicting that Caperton will give an extra energy to the drive for Merit Selection.  Philadelphia Bar Association Chancellor Sayde Ladov explained, “This may well be the first step toward merit selection.”  Chuck Ardo, spokesman for Governor Rendell, agreed.

Legislation has just been introduced in Pennsylvania to implement Merit Selection for the appellate courts.  As PMC Executive Lynn Marks has explained, “The Caperton decision recognizes the danger inherent in the judicial campaign contribution game.  We believe the best solution is to get judges out of the fundraising business altogether — by instituting Merit Selection.”

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