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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | September 16, 2013 10:51 AM |
|---|---|
| From: | Representative Bryan Cutler and Rep. Brian Sims |
| To: | All House members |
| Subject: | Merit Selection of Judges and Judicial Reform |
| Soon we will introduce a joint resolution to amend the Commonwealth’s Constitution to provide for the merit selection of appellate judges and judicial reform. This change would apply only to the three statewide appellate courts: Supreme, Superior, and Commonwealth Courts. This legislation is important to ensure a fair, impartial, and qualified judiciary. Under the current election system, judicial candidates must engage in a political process that leaves them seemingly beholden to wealthy lawyers and special interest groups, injecting partisan politics and large sums of money into an arena where such practices have no place—our justice system. In fact, those very donors could end up appearing in front of the judge once elected. Merit selection is a hybrid elective-appointive system. A bipartisan citizens’ nominating commission of lawyers and non-lawyers selected by elected officials reviews applicants’ qualifications and recommends a short list to the Governor for nomination. After Senate confirmation, the judge sits for a short term before standing for non-partisan retention election. Merit selection focuses on qualifications: legal experience, reputation for ethical behavior, honesty, fairness and good temperament. Judges could no longer be chosen according to their ballot position, campaign fundraising abilities, or other irrelevant factors. Removing partisan politics and money from our courtrooms helps to increase public confidence in the courts. The Appellate Court Nominating Commission would consist of 15 members: 6 appointed by the Governor (no more than half from one party); 8 by the General Assembly (both houses, both parties); and 1 by the Attorney General. Registered lobbyists as well as staff and family members of the appointers would be prohibited from serving. Provisions require diversity from different counties. Implementing legislation with more details will be introduced in the future. Prior cosponsors when this bill was introduced last include: CREIGHTON, EVERETT, MARSICO, MILNE, MOUL, MULLERY, MUNDY, MURT, PAYTON, QUINN, ROSS, and SCHRODER. Please join us in supporting this crucial joint resolution. Should you have any questions about this legislation, please contact Mason Lane in Rep. Sims’ office at mlane@pahouse.net or (717) 787-5741. |
Introduced as HB1848