Judicial Selection

The process of choosing state court judges differs widely from state to state. How we choose judges is important: the type of judicial selection system affects the experience level of the judiciary; the ability of qualified, but less politically connected individuals to serve on the bench; the gender and racial diversity of the bench; and the public's perception of the impartiality and independence of the judiciary.  The American Judicature Society has resources identifying and analyzing the judicial selection methods of each of the fifty states.  Another good resource for judicial selection information throughout the country is the Institute for the Advancement of the American Legal System.

 Why Does It Matter How We Choose Our Judges?

  • Judges decide cases that affect all aspects of our lives – from custody and divorce cases, to employment cases, to traffic accidents.
  • Even when we are not directly involved in a case, the decisions of the courts, particularly the appellate courts, have an impact on the laws that govern us and will control how future cases, including ours, are handled.
  • The courts represent an independent third branch of government to which we are all entitled to come as equals to have our cases heard and our rights addressed. This is without regard to race, gender, ethnicity, geography, wealth or poverty. We all stand as equals before the law. We need to ensure that our courts are staffed by judges who adhere to these ideals.

Who Is Concerned with How We Choose Our Judges?

We all should be concerned about how we choose our judges, because judges and the courts have an enormous impact on all of our lives. 

PMC is at the forefront of a coalition of organizations who are concerned about the way Pennsylvania selects its judges.  This coalition believes that our current system -- expensive, partisan elections -- is not designed to get the most qualified judges or to get fair and impartial courts.  This coalition wants Pennsylvanians to have the opportunity to choose a new way to select judges: merit selection

Other groups that have called for judicial selection reform in Pennsylvania include: the League of Women Voters of Pennsylvania, Common Cause of Pennsylvania, the Committee of Seventy, the Pennsylvania Bar Association, the Philadelphia Bar Association, and the Pennyslvania Chamber of Commerce and Industry.

Pennsylvania does not stand alone in facing the challenges of judicial selection.  PMC is part of a national coalition of organizations, the Justice At Stake Campaign, working to improve the courts and ensure we have fair and impartial courts.  Many of the partners in this campaign are seeking judicial selection reform in their states just as PMC is in Pennsylvania.  We share concerns about the problematic influence of money in judicial elections and on the independence of the judiciary; the need for a diverse judiciary and the challenges of making the public understand the critical importance of fair, impartial courts and judges.  We work closely with the American Judicature Society, the Brennan Center of New York University, the Constitution Project's Courts Initiative, the  National Institute on Money in State Politics, the Committee for Economic Development, the American Bar Association and others to find creative, lasting solutions to these challenges.