Oct 06 2009

Why You Shouldn’t Vote for Judges

Published by at 1:56 pm under Merit Selection,Opinion,Our Perspective

Well, let’s clarify that. You should vote on November 3rd, and you should do as much research as possible about the candidates for the seven appellate-level court seats up for grabs this year. We even offer information about the candidates on our website here.   But that is because we have to work with the system we have, and this is a system in serious need of change. Pennsylvania is  one of only six states in which all judges are elected in partisan contests. This means, they are nominated by political parties and run on a party ticket.

Popular elections don’t make sense for judges, and partisan elections make even less sense.  Judges must have a great degree of skill and knowledge to do their jobs, and their decisions often have important and far-reaching consequences.  But they are not political leaders.  By requiring judges to run for office, however, we inadvertently require them to act like political figures, and often end up making selection decisions based on how well they can campaign and raise campaign funds rather than on their skills, experience and qualifications.

Imagine the following scenario. Your neighbor is running for judge on your political party’s ticket. You help her campaign, distribute flyers, and raise money.  Down the street, or across town, your business rival does the same for a candidate on his political party’s ticket.  Your candidate loses.  You and your rival then get into a contract dispute.  You and your rival land in court, and your rival’s candidate, now judge (or justice) presides over the case.  Sound like fun?

Judges are meant to be impartial.  They are supposed to make objective evaluations of the law to ensure maximum fairness to both parties.  They are not supposed to have constituents nor favor anyone because of personal opinions, political support or campaign contributions.   Elections force judges to focus on the wrong things. There is a better way to put judges in office (click to see our proposal for a merit selection system of judges – bills are currently before the state house and senate).

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