judgesonmerit.org

A new survey indicates that Washington voters are open to a merit selection system for selecting their state judges. In 2008, a randomly-selected sampling of 1,185 voters was asked to respond to a questionnaire about their current system of electing judges and a hypothetical system of merit selection. This month’s Washington State Bar News expressed surprise at the results:

…[I]t has been a widely held belief among people who have followed politics in the Evergreen State that “Washingtonians would never give up their right to elect judges.” Given the evidence of citizen interest in and support for a merit selection process documented in this survey, it may be time to set aside this long-established belief and adopt a stance more open to the possibility of change in how the state’s judges ought to be selected.

In the questionnaire, merit selection was described as the “commission system method” in which a broad-based nominating commission would submit names of candidates to the governor. Those appointed would face retention elections in which the public could decide whether a judge would remain on the bench. (Note:  there are slight differences between this method and the proposed bills currently in the Pennsylvania House and Senate. PA’s legislation requires the nomination to be affirmed by a Senate vote.) In response to this description, 61% of respondents believed the proposal to be “good” or “very good.”

Respondents to the survey were also asked whether they viewed certain aspects of the current judicial election system in a positive or negative light.

Advertising by special-interest groups… and the need for candidates to raise money were viewed by many citizens as negatively affecting the court system.

Such feelings regarding the pitfalls of judicial elections are not unique to Washington. Reformers in Pennsylvania have long been calling for a switch to merit selection. Change can be difficult. But when presented with the possibility of a change and not mere acceptance of the status quo, Washingtonians have expressed an open-mindedness that should be commended. Pennsylvanians should be given the opportunity to consider the change for themselves.

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