Major PA Newspapers Call for Merit Selection

March 5, 2009

Two of Pennsylvania’s major newspapers, inspired by the Caperton v. Massey argument this week, are calling for Merit Selection.  In an editorial, the Philadelphia Inquirer argues:

Spending on statewide judicial races underscores the messy business involving the river of money that flows through judicial elections. Checks often are written by lawyers who then appear before judges - an apparent conflict that the majority of voters have told pollsters they find troubling. . . .
The antidote to those elections, of course, is to switch to the merit-based appointment of appellate judges. . . .

The Pittsburgh Post-Gazette concurred on its editorial page.  Quoting Justice Kennedy’s observation that “Our whole system is designed to ensure confidence in our judgments,” the Post-Gazette argued, “Of course, that system would be much better if judges were selected in merit-based systems not susceptible to campaign contributors.”
As we’ve stated repeatedly, we think recusal rules in cases involving campaign contributors is a good place to start to address the problem of money in judicial elections. That’s why we joined an amicus brief in the Caperton case.  But the better course of action - - and a more permanent solution — is to get appellate court judges out of the fundraising business altogether.  Merit Selection accomplishes that, and we’re heartened to see these public calls for real reform.