Feb 18 2015
A recent article published in the Allentown Morning Call and authored by former Lehigh County Judge Maxwell E. Davison is calling for merit selection of appellate judges. Judge Davison is joined in his opinion by six other former Pennsylvania judges. Citing numerous reasons for the change, including the recent pornographic email scandal involving former PA Supreme Court Justice Seamus McCaffery, Judge Davison argues that merit selection of appellate judges in Pennsylvania is “long overdue.” We agree.
In the 2009 Pennsylvania Supreme Court race, the two candidates who ran for the bench raised nearly $5 million in support of their campaigns. Judge Davison’s article points out that with three open seats on the Court this year, the money raised and spent is likely to be staggering. When the winner of a seat on Pennsylvania’s highest court is essentially determined by who is able to shell out the most money, justice is not served.
Judge Davison’s article points out that merit selection focuses on qualifications and talent, as opposed to our current system, in which judges are often elected based on arbitrary factors such as their ability to fundraise or their ballot position. Merit selection “removes politics from the courtroom.” Since judges are supposed to be neutral arbiters of the law, most of us can probably agree that the courtroom is no place for politics.
Judge Davison discusses the merit selection system, which would consist of a nominating commission whose job would be to screen, evaluate, and recommend candidates for service. The commission would be comprised of men and women from diverse backgrounds across the state (the article says the commission would contain members of the legislature, which we do not advocate for at PMC). The governor would then nominate a candidate from the list, and the candidate would then be confirmed by the senate. The public would be able to vote for judges in retention elections after a number of years. Judge Davison also discusses how each candidate would be required to possess certain minimum qualifications, such as having at least ten years of legal experience (PA currently has no experience requirements for those who wish to run for judge).
Pennsylvania is one of six states that chooses all its judges in entirely partisan judicial elections. The article recognizes, as does PMC, that no system is perfect. But with numerous courtroom scandals that have recently occurred in Pennsylvania, and money spent on elections ever-increasing, there has to be a better way than partisan elections. Who would better understand the problems with our current system than former judges who participated in it? Pennsylvania citizens should not feel as though justice can be purchased through generous campaign donations. Judges should not engage in campaigning and fundraising. It is time that Pennsylvania listens to Judge Davison and other former PA judges and implements a merit selection system for choosing appellate judges.