Pa. Lawmaker Says Dump Corrupt Judicial Elections
State Sen. Anthony Williams, the Philadelphia Democrat says Pennsylvania should stop electing judges to high courts.
By Eric Boehm | PA Independent
HARRISBURG – As one state Supreme Court justice prepares to face a jury on corruption charges, lawmakers are looking for a way to end judicial elections.
Legislators want to scrap Pennsylvania’s practice of electing judges to the state’s highest courts because they say the system opens the door to corruption and conflicts of interest stemming from the millions of dollars in campaign contributions for those elections.
Instead, a newly created commission would identify a short list of judicial candidates to fill vacancies in the state Supreme Court, Superior Court and Commonwealth Court. The governor would chose from that list.
Lower court judges in municipal courts and the state Court of Common Pleas would continue to be elected. All judges would continue to face retention votes after 10 years on the bench.
State Sen. Anthony Williams, D-Philadelphia, the lead sponsor of the bill, said the merit selection proposal was intended to ensure the integrity of the bench.
“As citizens, we have to have utmost confidence in our judiciary, and right now, that’s simply not the case,” Williams said.
The proposed commission would include 15 members. Four would be appointed by the governor, four would be appointed by the General Assembly and the remaining seven would be members of the public, but the bill is silent on how they would be selected.
Williams said the mechanism for selecting commission members would be determined later, but political officeholders and staffers would be barred from serving.
State Sen. Richard Alloway, R-Franklin, chairman of the Senate Law and Justice Committee, is backing the proposal.
Pennsylvania is one of only eight states with judicial elections, according to the Institute for the Advancement of the American Legal System, a judicial research center housed at the University of Denver.
Lynn Marks, executive director of Pennsylvanians for Modern Courts, a statewide nonpartisan judicial reform organization, said judges in Pennsylvania frequently take political contributions from attorneys and interest groups who will later appear before them in court, complicating the judicial process.
“Judges are supposed to make decisions based on the facts and the law, not based on how their campaign supporters want them to rule,” Marks said. “They criss-cross the state raising tons of money, all while promising to be unbiased when they are elected.”
The bill’s introduction is ironically timely.
Jury selection began in Allegheny Count on Wednesday in the trial of suspended state Supreme Court Justice Joan Orie Melvin. She is charged with seven counts related to the alleged use of public resources during her 2009 campaign that ended with her election to the state’s highest court.
Her sister, former state Sen. Jane Orie, R-Allegheny, was found guilty in March on 14 criminal counts ranging from forgery to conflict of interest related to the same incidents. She was given a sentence of two years to ten years in state prison.
Orie Melvin was suspended from the state Supreme Court in June, one day after she was charged.
Marks said a merit selection process would eliminate the incentive for future judicial candidates to dip into public funds or take advantage of well-connected family members to help boost election prospects.
The bill seeks to amend the state constitution to implement the new merit selection process.
Amending the constitution is a lengthy process that requires the same legislation to be passed by the House and Senate in consecutive legislative session. It must then be approved by a majority of voters in a statewide referendum.
The earliest this proposal could go to the voters would be in May 2015.
Williams said the bill would begin “a lengthy but necessary dialogue” on reforming Pennsylvania’s courts, particularly in light of recent events.
Contact Eric Boehm at Eric@PAIndependent.com and follow @PAIndependent on Twitter.
aaron
10:55 am on Saturday, January 26, 2013
How do you figure it brings integrity to the bench by appointing a Judge, and its done by one man, the Governor.
Let's say the Legislative body is controlled by the Republican party. Now we have the Executive body controlled by the same party. Who are these groups of politicians going to pick, someone with their same ideology.
Example, the Supreme Court Justices, appointed by the President for life, and who controls how cases are decided?
George Bush is famous for stepping all over the Constitution and its Amendments. He got away with it because the Supreme Court, controlled by his party.
Allow the People to decide who is the most qualified, not a group of individuals that are irresponsible majority of the time.
Kathleen
4:24 pm on Saturday, January 26, 2013
Am I to assume you believe Obama has not "stepped all over the Constitution?" Surely you can not be that ignorant or naive.
Bob
4:10 pm on Saturday, January 26, 2013
Just allow a crook like Fast Eddie Rendell to appoint judges
Earle Leo Nelson Jr.
6:20 pm on Saturday, January 26, 2013
aaron Needs to pull foot out of mouth before he speaks, we need to elect the officials and set term limits on the judges too, just like all the rest of the politicians in the state and the federal level need their terms limited.
Frank Underwood
12:59 am on Sunday, January 27, 2013
Another stupid democrat idea.
Molly Magritte
6:38 pm on Sunday, January 27, 2013
Forget piecemeal legislation that'll mutate into something barely recognizable. Stop wasting time and energy on fighting this State Government. There will be NO MOVEMENT more important than a constitutional convention to make the needed changes like this AND stop political offices from being CAREERS. NO flipping pensions and benefits. Judges will base decisions on rule of law when not faced with pleasing money holders and career office holders. Part-time legislators vote with their wallets when there is nothing to gain and have to RETURN to their full time job.