judgesonmerit.org

Thanks to the Indiana Law Blog for posting excerpts from Indiana State Bar Association President Bill Jonas’ pro-Merit Selection editorial. In an eloquently written piece, Jonas argues:

Now is the time for Hoosiers to speak out in favor of a uniform, non-partisan judicial selection method to insure judicial independence for all of Indiana.  If we succeed in this endeavor, we will have taken an important step toward “the more perfect union” that our forefathers envisioned.

Jonas cites the Caperton case as well as the rising costs of elections in nearby Ohio, Michigan and Illinois.  He then refers to two recent cases in Indiana that raise questions about the impartiality of judges.  He explains:

Indiana’s judges are the umpires on whom we rely to make the often close and difficult calls in disputes that can be the focus of intense public interest and passionate debate.  It is imperative that our umpires be free to make calls based on whether the ball is in the strike zone . . . without regard to who the pitcher is, who the batter is, or who the opposing managers are.

This makes good sense, and Jonas believes elections can no longer achieve this ideal. He urges adoption of  a Merit Selection system with a retention component.  We believe a Merit Selection system for Pennsylvania’s appellate courts will also accomplish what Jonas anticipates: “judges free to make rulings on the facts and the law, and not out fear or in search of favor.”