EmailEmail
PrintPrint
Courts with merit: Statewide reform also means appointing judges
Friday, May 07, 2010

Pennsylvania has for too long been an elephant's graveyard of good ideas -- and the donkeys are to blame as much as the elephants. One of the best of those ideas is the merit selection of judges, which has been talked to death for years. It's time to bring it back to life by trumpeting its virtues.

Gov. Ed Rendell has long backed the idea and in his last year in office is supporting bills in the Legislature to reform the crazy way this state chooses judges. Pennsylvania is one of only six states that elects all its judges and being among the exceptions isn't a sign of enlightenment.

While there is something to be said for letting the voters have their say in judicial races, too often the voters don't know much about the candidates.

The baffled voter is left to make selections on such dubious criteria as campaign slogans, ethnicity, party affiliation, a familiar name or geography. Qualifications, which should count the most, are often the least of it. While some good judges manage to be elected in this system, there are plenty of time-serving hacks who became a judge in the lottery of an election.

In the end, the people of Pennsylvania are ill-served. The evidence is seen in the elected judges charged with corruption in the unfair treatment of juvenile offenders in Luzerne County and the dubious secret negotiations between legislators and a late chief justice of the state Supreme Court seeking judicial pay raises.

Then there's the cost of elections. Some $4.7 million was spent in last year's Supreme Court race between Democrat Jack Panella and Republican Joan Orie Melvin. This race was one reason cited by Gov. Rendell as grounds for his renewed push for merit selection. Recently, criminal charges were brought against state Sen. Jane Orie for using her political staff to help elect her sister. Without prejudging the case, Gov. Rendell did note that if judges did not have to be elected, these charges would never have arisen.

The bills -- HB 1621 and 1619 (sponsored by Rep. Matt Smith, D-Mt. Lebanon) and SB 860 and 861 (Sen. Jane Earll, R-Erie) -- demand urgency. To become law, the same bill must pass in successive sessions of the Legislature and then win in a public referendum.

This version of merit selection would apply only to the three state appellate courts. The selection would be done by a 14-member panel, with six members from the public, four appointed by the governor and four by the General Assembly. Nominees would have to be confirmed by the Senate and the judges would face a retention election after an initial four years and then face a regular retention vote every 10 years.

This is one good idea for Pennsylvania that shouldn't die.

Cartoonist Rob Rogers does "Rob's Rough," an early look at his work and his creative process, exclusively at PG+, a members-only web site of the Pittsburgh Post-Gazette. Our introduction to PG+ gives you all the details.
First published on May 7, 2010 at 12:00 am