Merit Selection Rears Its Ugly Head
Yesterday, Pennsylvanians for Modern Courts held a
press conference in the Capitol rotunda to announce
its support for anticipated legislation that will strip the
people of Pennsylvania of their right to vote for
appellate court judges and put the selection process
in the hands of commission dominated by political
appointees.
On the surface, the argument is that all the money
spent on the 2007 appellate court races, over $7
million total, was an affront to the independence of the
judicial system. Implied, however, is that voters are
just not smart enough to decide who sits on
Pennsylvania's appellate courts.
The proposed commission to pick judicial candidates
for referral to the governor for nomination would
consist of 14 people, eight of whom would be
appointed by the governor and legislative leaders.
With an eight-to-six margin, the Executive and
Legislative branches would then have full control over
the Judicial branch. This flies in the face of any notion
of separation of powers between the three branches
of government.
PACleanSweep does not disagree that
Pennsylvania's appellate courts have a public image
problem regarding independence or that the election
process should be improved, but this new push for
merit selection is definitely not the answer. We urge
every Pennsylvanian to call their state legislators
TODAY and vehemently oppose this move to put
control of our courts in the hands of the few.
Points to ponder:
If 12 randomly selected non-volunteer citizens are
smart enough to decide whether a defendant in a
homicide case ultimately lives or dies, then why are
Pennsylvanians who purposefully registered to
participate in elections not smart enough to pick
appellate court judges?
Why are the two co-chairs of the Speaker's Reform
Commission, who fought for the participation of more
people in the legislative process, now fighting for the
participation of fewer people in the judicial selection
process?
Pennsylvanians for Modern Courts is eerily similar to
another group called A Modern Constitution for
Pennsylvania, Inc., which along with the Pennsylvania
Bar Association led the push for constitutional
revisions in the 1960's that put our courts on the path
to "independence" from the plain language of the
Constitution that we suffer under today. Is it a good
idea for Pennsylvania to further consolidate power in
even fewer hands?
If Pennsylvanians for Modern Courts and the
Pennsylvania Bar Association are so concerned about
the influence of money contributed by lawyers to
judicial campaigns, why don't those two groups
simply convince their lawyer-members to stop
contributing? Or might "merit selection" be a ploy to
save the legal profession all that money in the future
while firmly keeping its hands on the levers of power?
Are Pennsylvania voters smart enough to decide who
becomes an appellate court judge? PACleanSweep
believes they are. Call your legislators TODAY to
demand that they OPPOSE "merit selection!" Make it
an ELECTION issue!
Find & Contact Your Local Legislators
About PACleanSweep
PACleanSweep is a non-partisan effort dedicated to
reforming state government in Pennsylvania. For
more information, please visit
www.PACleanSweep.com.