Title: A VIEW FROM THE GROUND: A REFORM GROUP’S PERSPECTIVE ON THE ONGOING EFFORT TO ACHIEVE MERIT SELECTION OF JUDGES
Abstract: INTRODUCTION [J]udicial reform is no sport for the short-winded, (1) has always been a catch phrase used to demonstrate that those seeking judicial election reform must be patient and must persevere. This description captures not only the lengthy constitutional amendment process required to institute judicial selection reform, but also the challenges that arise the course of efforts to reform a fundamental governmental structure. This Essay explores some of these challenges as well as some of the solutions the nonprofit, court reform organization Pennsylvanians for Modern Courts (PMC) has developed to meet them. The composition and appointment of members to the nominating commission responsible for screening, evaluating, and recommending candidates for nomination to judicial office presents the most challenging area. This Essay, therefore, focuses mostly on this area, although it also identifies challenges arising in relation to other areas of a merit selection system. (2) It describes what has succeeded and what has not, in an effort to share some of the lessons PMC has learned with others who seek judicial selection reform. Section I of this Essay addresses briefly the history of judicial selection in Pennsylvania. Section II describes the judicial selection reform movement and the background and growth of PMC, the leading agent for judicial selection reform in Pennsylvania. Section III describes the merit selection system that PMC has been trying to achieve for Pennsylvania's appellate courts and, more recently, for the trial courts in Philadelphia County. Sections IV and V enumerate the challenges PMC has faced along the way, as well as the measures it has taken to meet those challenges. The Essay concludes with some advice for others seeking to achieve judicial selection reform in their own jurisdictions. I. THE HISTORY OF JUDICIAL SELECTION IN PENNSYLVANIA The Pennsylvania Constitution provides for the method of judicial selection in article V, section 13 of the state constitution: Justices, judges and justices of the peace shall be elected at the municipal election next preceding the commencement of their respective terms of office by the electors of the Commonwealth or the respective districts in which they are to serve. (3) Two consecutive sessions of the Senate and the House must pass any proposed constitutional amendment to change the manner of judicial selection; each session lasts two years, and the identical amendment must pass each time by a majority vote. (4) Following each passage by the legislature, notice of the proposed amendment must be published across the state. (5) Once this has occurred, the electorate must approve the amendment in a statewide referendum vote. (6) After considerable debate, Pennsylvania's first state constitution in 1776 provided for a judiciary with seven-year terms--subject to removal by the General Assembly for misbehavior or maladministration--appointed by a twelve-member Executive Council, whose members were elected by voters of the state's twelve counties. (7) In the Constitution of 1790, most notable for creating the position of Governor to replace the Executive Council, the new chief executive was given the power to appoint judges who were to serve during good behavior. (8) The judicial appointive system came under attack the administration of President Andrew Jackson (1829-1837), amid the growing sentiment that all governmental office holders should be accountable to the voters and, therefore, elected. (9) During Pennsylvania's 1837 Constitutional Convention, efforts to move towards an elected judiciary were unsuccessful. (10) Nevertheless, the 1838 Constitution approved by the voters reduced the tenure of supreme court justices from life to fifteen years. (11) The critics of judicial appointments were not deterred and brought their demands for election to the chambers of the state Senate and House. …
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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Cited By Count: 3
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