Aug 06 2014
On July 10, 2014, in the wake of a rare tied election, under the New Mexican constitution, the flip of a fifty cent piece decided that Kenneth Howard Jr. was declared the new magistrate judge of McKinley County.
While not as arbitrary as a coin flip, judges who are elected are often chosen based on random factors. Name recognition, apparent gender or ethnic background, where the judicial candidate is from, or even where the candidate is listed on the ballot are all major factors in deciding who sits on the bench. Do we want to leave judicial selection up to chance? Isn’t it better to use a system that takes the time and effort to seek and appoint the most qualified fair and impartial judges? These are not trick questions, yet Harrisburg has not delivered an answer.
Merit selection is a better way to choose judges because the process focuses on qualifications, not random and irrelevant factors. The merit based system operates under informed decisions, including testimony by sworn officials and various in depth screenings to determine the most qualified candidates. There is no haphazard game of chance for the public in the merit system. Plus, merit selection affords the public opportunities for more meaningful input through feedback during the nominating process and retention elections.
Pennsylvania’s justice system would benefit from a change to merit selection. The merit system is the best way to ensure a qualified, fair, and impartial judicial system.
Let’s not let the integrity of Pennsylvania’s justice system continue to rely on the whims of chance. It is time for merit selection to become a reality in Pennsylvania.