judgesonmerit.org

After more than twenty years on the bench, Ohio Supreme Court Chief Justice Thomas Moyer will step down this year. Currently the longest serving chief justice in the United States, Moyer’s final order of business will be to attempt to change the way Ohioans select their state judges. Moyer has joined forces with both the Ohio bar and the League of Women Voters in pushing for this much-needed reform.

Like Pennsylvania, Ohio continues to elect its state judges in contested political elections fueled by campaign donations from contributors that may later appear before that judge in court. Moyer is advocating for a switch to a merit selection method of choosing judges that is similar (but not identical) to the one currently being considered in the Pennsylvania legislature. In both instances, a nominating commission would be tasked with screening potential nominees for the qualities most desired in a judge—fairness, experience, and judicial temperament.

While excellent judges may result from elections, the risks associated with judicial fundraising are ever-present. A Friday editorial out of Ohio considers Moyer’s argument:

…[M]ost voters believe campaign contributions influence decisions…The overriding goal is to break the influence of big money in judicial campaigns, helping to restore public confidence in the courts.

Moyer has encountered opposition from several of his fellow justices. He lamented that few judges are willing to criticize the avenue that brought them to the bench.

Yet that is not always the case. State judges across the nation have spoken out against judicial elections.  In the 2009 Pennsylvania Supreme Court election, both candidates criticized the fundraising element of the process. Many Pennsylvanians perceive such fundraising as “justice for sale.” The legitimacy of a court’s decision is only as good as the public perceives it to be. By continuing to elect our judges we do a disservice to both the citizens and the courts of our Commonwealth.

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