Bills have been introduced into both houses of the state legislature to amend the constitution to implement a merit selection system for Pennsylvania's appellate courts. The bills were introduced by Senators Jane Earll and Anthony Williams and by Representatives David Steil and Josh Shapiro.
The text of the proposed amendment and accompanying enabling legislation are available: SENATE BILL No. 1324 and HOUSE BILL No. 2488 (proposed amendment); SENATE BILL No. 1325 and HOUSE BILL No. 2386 (proposed enabling legislation).
Under the proposal, a summary of which is available here, the judicial selection process has four steps: (1) screening and evaluation by a citizens’ nominating commission that recommends the most qualified candidates to the governor; (2) nomination by the governor of a candidate from the commission’s list; (3) confirmation by the Senate; and (4) after a number of years on the bench, retention in a nonpartisan yes-no vote by the public.
The cornerstone of this plan is the Appellate Court Nominating Commission, a broad-based citizens commission that includes public members nominated by organizations throughout the Commonwealth. The commission would be responsible for screening, evaluating and recommending candidates for appellate judge.
The commission is different from every other commission in Pennsylvania and commissions in prior merit selection proposals because it is more inclusive of the public. It includes members who are not appointed by elected officials, but who truly are “public members,” drawn from various segments of Pennsylvania, including civic organizations, business organizations, unions, professional associations, public safety organizations and law school deans. These members will serve as equals alongside members appointed by elected officials.
Pennsylvanians will have the opportunity to provide input at each stage of the process. The public will give information to the commission about applicants for judge, to the governor about individuals recommended by the commission, and to the Senate during the confirmation process. Following a four-year term (and every ten years thereafter), judges stand for retention in nonpartisan yes/no elections. The public makes the ultimate determination about a judge’s continued service.
The Benefits of the Proposal
The merit selection proposal offers a judicial selection process that eliminates money from the system and puts a premium on selecting highly qualified judges. Currently, to run for appellate court, one simply must meet age and residency requirements and be a Pennsylvania lawyer. There are no requirements about legal experience or knowledge, community service, or even having a reputation for being fair and impartial. The new plan writes into the constitution minimum criteria for appellate judges. Anyone who is recommended by the nominating commission will be highly qualified to serve on our appellate courts.
For more information about the effort to bring merit selection to Pennsylvania's appellate courts, visit our blog JudgesOnMerit.org.
