judgesonmerit.org

In an op-ed in the Philadelphia Inquirer, PMC Board Chair Bob Heim explains the impact of the Caperton decision and outlines a solution to the poisonous effect of money on judicial elections:

So what does [Caperton] mean for those of us who don’t have $50 million at stake? A lot.

There’s no question that, regardless of the amount of money involved, if one side of a case contributed to a judge’s campaign, the other side will worry about it.

Some years ago, I was told of a lawyer who was sitting with a client in court, waiting for a newly assigned judge to hear his case. When the judge appeared, the lawyer whispered to his client that he was concerned, because the opposing lawyer was on the judge’s campaign committee and had contributed to the campaign. After a pause, the client whispered back, “So why didn’t you contribute?”

This story, cynical as it may seem, reflects the very real concerns and perceptions created when litigants and lawyers have contributed to the election campaigns of judges who preside over their cases.

Heim argues: “There is a simple solution to the problem of money in judicial elections: Get judges out of the fund-raising business by changing the way we choose them.”  His proposed solution is Merit Selection:

Merit selection would focus on the qualifications of judicial candidates. It would eliminate the unimportant but often decisive factors of the current system, such as ballot position, a “good name,” where one lives, and talent for fund-raising and campaigning. Because merit selection eliminates the need for candidates to win political-party support or raise large sums of money, it would open pathways to the bench for qualified men and women of all races, backgrounds, and experiences.

The op-ed concludes with some thoughts about why Pennsylvania has not yet stopped electing appellate court judges. Heim believes that legislatures who might be swayed on the topic haven’t heard enough from their constituents about this important issue.  But surveys consistently show the public is concerned about money and judges.  Heim urges Pennsylvanians “Let your legislators know you care.”

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