judgesonmerit.org

An editorial in the Times-Tribune of Scranton quotes PMC’s analysis of the cost of the 2009 Pennsylvania Supreme Court election, noting:

Pennsylvania once again leads the nation, as it did in the 2007-2008 election cycle, in the cost of statewide judicial elections. But there is a twist this time, in that the cost is in much more than money alone.

The editorial goes on to detail the heavy spending by the state political parties and other special interests, and notes that the political parties paid special attention this year because of the Supreme Court’s likely role in the upcoming dispute over legislative redistricting.

Then, the editorial recounts new allegations about improper fundraising activities by State Senator Jane Orie on behalf of her sister Joan Orie Melvin’s campaign for Supreme Court.  The editorial includes the Senator’s accusations that the probe is politically motivated by the District Attorney (son of a former Supreme Court justice who now works for the gaming industry) in retaliation for the Senator’s anti-gambling stance.  The editorial astutely observes:

All of that is the sort of inside political baseball for which Pennsylvania is infamous. But the point is that Pennsylvanians shouldn’t have to worry about those back stories if they have business before an appellate court.

This, of course, is the key point.  When you go to court to have your disputes resolved, you want them resolved according to the law and the facts.  Political calculations, campaign donations, personal vendettas — none of this has any role in the way judges are supposed to decide cases. The problem is, electing appellate court judges the same way we elect political office holders makes it hard to believe that justice and the law prevail in our courtrooms.

The editorial closes with this call to action, which we hope will soon be heeded:

Bills are pending in both houses to begin the process of amending the state constitution to establish merit appointment of appellate judges. Lawmakers should initiate the change.

An editorial in the Times-Tribune (Scranton) makes the case for replacing judicial elections with Merit Selection for the appellate courts.  Exhibit A is the current partisan — and in the last few days nasty — race between Republican Joan Orie Melvin and Democrat Jack Panella for the vacancy on the Pennsylvania Supreme Court:

Judge Orie Melvin lamented during a recent debate that Judge Panella is heavily backed by trial lawyers, who have donated about [$1 million] to his campaign. But she has received about [$125,000} from trial lawyers, so the offense apparently is one of degree rather than commission.

That points to one of the key problems with appellate judicial elections: they are funded primarily by people who are likely to appear in court before the winning candidate, or who have frequent business before the appellate courts. . . .

There would be no large donors if judges were appointed based on qualifications.

The editorial goes on to talk about how the electoral process overly politicizes judges who are supposed to be above politics.  Focusing on the upcoming legislative redistricting and the political parties’ emphasis on the importance of the Supreme Court election (see, e.g., Karl Rove ‘s piece in today’s Wall Street Journal) and the ultimate numbers of Republicans and Democrats on the Supreme Court, the editorial argues: “That shouldn’t matter, but in Harrisburg it’s all that matters.”

Finally, the editorial reminds us that voters often lack relevant information about the candidates, therefore leading to random and irrelevant factors such as ballot position, county of residence, gender, name recognition, and political party influencing who reaches the bench.

The Times-Tribune closes with this impressive claim: “Because we favor merit selection, The Times-Tribune does not endorse appellate judicial candidates.” We appreciate the support for Merit Selection and thank the editorial board for clearly demonstrating why this current election makes the case for reform.

In a guest column for the Times-Tribune in Scranton, PMC Board Chair Bob Heim makes the case for Merit Selection.  Heim begins with a discussion of the U.S. Supreme Court’s decision in Caperton and then offers this insight about the problematic role of money in judicial elections:

There’s no question that, , if one side of a case contributed to a judge’s campaign, the other side will worry. . . .

The presence of money in judicial elections may not violate the Constitution. But it violates our citizenry’s trust in the impartiality of those who sit in judgment.

Heim continues: “There is a simple solution: Get judges out of the fund-raising business by changing the way we choose them.”  He points out that in addition to solving the money problem, Merit Selection focuses on the qualifications of the candidates and ensures that judicial selection would on longer be based on the irrelevant factors that so often have a big influence in judicial elections, like ballot position, county of residence, and fundraising prowess.

Heim concludes by noting that the legislature needs to understand that judicial selection is an important issue to the people of Pennsylvania. He urges: “Let your legislators know you care.”

The Times-Tribune of Scranton editorialized this week about some of the problems inherent in electing judges.  Focusing on some local judicial candidates’ remarks to the local police union about the current contract status of the police and firefighters, the editorial explains:

The police union, or any other union, naturally would want to know how candidates stand relative to issues that affect that particular group.

But judges are not policymakers. They are supposed to be neutral arbiters of the law. That’s why the state Canon of Judicial Conduct precludes all judicial candidates from being involved in campaigns other than their own. It’s to preserve their neutrality when they are on the bench.

Now, one candidate believes that her opponent won the union’s endorsement because of his remarks about the contract and the Mayor.  The editorial notes that under the Code of Judicial Conduct, neither candidate should be able to hear a case about the contract because they have openly announced their opinions on the matter. The rules governing candidate speech have been changing and restrictions have been loosening.  But candidates cannot promise how they would rule in future cases.  If one of these candidates becomes judge and is later called upon to rule on an issue related to the union contracts, questions could be raised because of the campaign trail comments.

Ultimately, people want the most qualified, fair and impartial judges sitting on the bench.  As the editorial concludes, “Judges are supposed to carry the banner of the law, rather than that of any interest group. Incidents such as this are good arguments for merit selection.”