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Merit selection of judges unlikely despite support
Thursday, June 10, 2010

HARRISBURG -- Despite strong support from the public and the state's last four governors, among others, a state legislator said Wednesday he has no plans to move legislation calling for merit selection of the state's appellate court judges.

Disregarding pleas by Gov. Ed Rendell and former Govs. Tom Ridge, Mark Schweiker and Dick Thornburgh, Rep. Tom Caltagirone, D-Reading, said he's satisfied with voters selecting appellate judges. As chairman of the House Judiciary Committee, Mr. Caltagirone controls a bill for merit selection of judges introduced by Rep. Matt Smith, D-Mt. Lebanon, which calls for a constitutional amendment that has to be approved by two successive sessions of the Legislature, followed by a referendum.

The bill for merit selection "is going nowhere," he said emphatically. "I don't plan to bring it up [for a vote]."

He said that Missouri changed to a merit-selection system several years ago but now problems have arisen there and many people want to return to the old system of having citizens elect judges.

Mr. Rendell was joined in person Wednesday by Mr. Schweiker, and by phone by Mr. Ridge and Mr. Thornburgh, to urge the Legislature to approve the merit selection bill before the session ends Nov. 30.

Under Mr. Smith's bill, the governor would select judges for Commonwealth, Superior and Supreme courts based on recommendations from a 14-member commission. Judge nominees chosen by the governor would then have to be confirmed by the state Senate

If the current Legislature acts this year, and the new Legislature acts in early 2011, the question could be put on the May 2011 ballot.

Lynn Marks, director of Pennsylvanians for Modern Courts, had a poll of 500 voters done, which that 62 percent favored a switch to merit selection of appellate court judges. (Common Pleas judges would still be elected by voters).

Advocates of merit selection said it would remove the "negative effect" of campaign funds in the election of judges. They noted that $4.7 million was spent in the election for a Supreme Court seat last year by the two candidates, Republican Joan Orie Melvin (who won) and Democrat Jack Panella.

Reform advocates contend that judicial candidates shouldn't be in the uncomfortable position of seeking campaign funds from lawyers who appear before them.

Bureau Chief Tom Barnes: tbarnes@post-gazette.com or 1-717-787-4254.
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First published on June 10, 2010 at 12:00 am