On November 6, all Pennsylvania voters will have a critical decision to make regarding the state's judiciary system. Statewide, there are seven appellate court judges on the ballot for retention. 53 Common Pleas judges scattered across the state and seven local judges in Philadelphia are up for retention as well. These judges have no opponents and are asking voters for an extension of their tenure. It's a simple 'yes' or 'no' question.

PACleanSweep is recommending a resounding 'NO' vote in every one of these races. Our reasoning follows the logic provided by Superior Court President Judge Kate Ford Elliot in an interview on Pittsburgh's KDKA-TV on September 11.

"What I would hope, though, is that the citizens will judge the records of the judges who are standing for retention this year and determine whether they have faithfully fulfilled their oath of office," Judge Ford Elliot said.

Their oath of office is as follows: I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity.

The Pennsylvania Bar Association and other judicial allies will attempt to use all manner of scare tactics to tempt voters into retaining these judges. Before citizens allow them to do that, however, they should read the oath of office again and ask themselves: Which comes first - fidelity to the Constitution or the duties of the office? At the very least, the two are equal and neither can stand without the other.

Courtesy of dastardly deeds by the Supreme Court, the General Assembly and the Governor over the last two years, a mockery has been made of your Constitution. Every judge in the Commonwealth collected a hefty pay raise as a result. By doing so, they inferred we should not live under the rule of law, but under the rule of men.

PACleanSweep takes great offense to this notion - and so should all Pennsylvanians. Our Commonwealth and our nation were founded on the principle of the rule of law. Our forebears cast aside the rule of men to develop a system where the people themselves - not judges, lawmakers or administrators - are sovereign.

To put the judicial pay raise in terms more Pennsylvanians will understand, consider this scenario: Suppose someone you know robbed a bank. Suppose you know they robbed the bank. Would you accept any of the loot? We believe most Pennsylvanians would call the authorities and say, "I know who robbed the bank and I'll testify against them."

During the entire pay raise fiasco of 2005, no judge came forward in support, obedience or defense of the Constitution. The only judges who did speak out, spoke only to their desire to keep the loot after the legislature repealed the pay raise. The Supreme Court performed an astounding feat of legal gymnastics in 2006 to keep the loot in the hands of all judges. Duquesne University Law School professor Bruce Ledewitz more aptly called it a "judicial swindle."

Two judges up for retention this year did speak out against the Supreme Court ruling, but failed to return the loot to the people of this Commonwealth. We no longer hear their words because their actions speak so loudly. PACleanSweep challenges them to put some meaning behind their words. If they are not willing to do that, then we challenge them - and all other retention candidates - to stand up and proudly delineate the constitutionality of their pay raise from start to finish.

Evicting 67 judges from office will not be the end of the world - it will be the beginning of change. 25 of these judges, including five of the seven statewide candidates, cannot even serve the entire term they seek due to Pennsylvania's mandatory retirement age. There will be no shortage of qualified candidates to fill the vacancies. Perhaps those candidates will support, obey and defend your Constitution.

Judges may decide the law, but We the People decide who the judges are. Do not be afraid. Reject the judges. Restore the Constitution. Vote 'NO' on November 6. We invite you to learn more at www.pacleansweep.com.

2007 Retention Candidate List

What YOU Need to Do on November 6th

Top Ten Reasons to Vote 'No'

PACleanSweep Judicial Retention Poll Results

Pennsylvania's Judicial Retention System

PACleanSweep is a non-partisan effort dedicated to reforming state government in Pennsylvania. For more information, please visit www.PACleanSweep.com.