judgesonmerit.org

John Baer of the Philadelphia Daily News spoke to Marty Moss-Coane on Radio Times this morning (you can listen to it here – the interview with Baer starts at approximately 40 minutes in). Baer observed that the judicial elections were likely decided based on factors other than qualifications — factors like memorable slogans, a catchy name, or party affiliation. Especially with record low voter turnout (estimates show maybe 20% of registered voters showed up), these other factors can become all important.

Baer made reference to two particular ads: for Judge Judy Olson, an ad that said, “Vote for PA’s ‘Judge Judy.’” For Sally Mundy, “So remember – on Tuesday, vote for Mundy.”  Both candidates won. “These judicial races are a roll of the dice, and factors outside the qualifications of the candidates usually determine the outcome,” Baer said.

In addition to these whimsical factors, the nasty campaign ads from both candidates in the Supreme Court race (which will undoubtedly mark this election as having one of the worst tones in recent memory) may have played a big role.

This was an uncharacteristically nasty [Supreme Court race]. The irony is that both [candidates] were highly recommended by the PA bar, both currently sit on the Superior Court, both have pretty good judicial records. . . and yet they came out swinging like ward leaders. . . . It was really the kind of stuff you’d see in a local legislative race, not a Supreme Court race.”

Money and political parties, said Baer, were very important.

We’re one of only six states that elect judges at all levels, and these races are routinely fueled by the people most interested in the outcome – the trial lawyers, and the hard-core politicians. [Panella got a lot of money from the trial lawyers and] Orie Melvin got a lot of money from the Republican party, and a lot of help from her sister [Joan Orie], who happens to be the majority whip in the state senate.”

The obvious solution to removing or reducing irrelevant and random factors and making qualifications determine who reaches the bench is to select our judges based on merit. That, said Baer, will require the leaders of the state’s political parties to offer more than lip-service to the change.  We certainly hope that will be coming soon.