Gavel Grab

Bills to amend the constitution to implement merit selection for the Pennsylvania appellate courts have been introduced in both houses of the state legislature. This is the first step in the lengthy constitutional amendment process. If the bills pass by the summer recess, they will need to pass again during the next legislative session (2009-2010). Following second passage, there will be a public referendum. Only if the people of Pennsylvania vote for merit selection can we change the way we select appellate judges.

Pennsylvanians for Modern Courts and PMCAction hope that the people of Pennsylvania will get the chance to decide the best way to pick appellate court judges. Public confidence in the courts has been declining as contributions to judicial campaigns continue to rise. Studies repeatedly show that people care most about having qualified, fair and independent judges. Elections are not the best way to get such judges on the appellate courts.

The text of the proposed amendment and accompanying enabling legislation are available: SENATE BILL No. 1324 and HOUSE BILL No. 2488 (proposed amendment); SENATE BILL No. 1325 and HOUSE BILL No. 2386 (proposed enabling legislation).

The proposal includes the essential four steps of a merit selection system:

(1) evaluation by a nonpartisan, citizen-based judicial nominating commission that will recommend a short list of highly qualified candidates to the Governor;

(2) nomination by the Governor of a candidate from the commission’s list;

(3) confirmation by the state Senate;

(4) and, after a four year term on the bench (and every ten years thereafter) a yes/no retention election by the people.

What is unique is the composition of the nominating commission, which includes 6 public seats. One will be filled by a dean of one of the Pennsylvania law schools. The other five public seats will be filled by a process that involves civic groups, unions, business groups, nonlawyer professional associations and public safety organizations. This is different from any commission in Pennsylvania and from other states’ nominating commissions as well. A more detailed summary of the legislation is available on our blog.

Merit selection makes qualifications the key factor in determining who sits on Pennsylvania’s appellate courts. It gets judges out of the fund raising business. And it opens pathways to the appellate courts for qualified lawyers of all backgrounds from all over the Commonwealth.

It’s time for Pennsylvanians to have a choice about how we select judges.

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Tags: bills, constitutional amendment, Merit Selection, Pennsylvania