One reason why we advocate for a change in the way Pennsylvania selects its appellate court judges is to relieve some of the political pressure on judges and justices. The duties of judges distinguish them from officials in executive or legislative positions. Politicians are supposed to act on behalf of their constituents, and are expected to weigh the reaction of their party and the voters when deciding how to act. Judges, on the other hand, are supposed to be politically impartial. They are expected to base their rulings on the law, even – perhaps especially – if those rulings are unpopular, either with the voters or with a particular political party.
Slate columnist Dahlia Lithwick captures this sentiment perfectly. In a recent piece on the attendance of the annual State Of The Union address by the Justices of the United States Supreme Court, Lithwick writes:
The justices attend the State of the Union in their identical black robes for the same reason they are expected to sit there impassively amid the mayhem: They are supposed to be a testament to the fact that they are different from the elected officials all around them. Instead of complaining about how awkward it is to have to hide their feelings and ideologies, the justices should avail themselves of this once-a-year opportunity to show the public that their feelings and ideologies don’t matter in the first instanc[emphasis added].
Contrast this with appellate judges in Pennsylvania. No matter how fair or impartial the judge who’s finally elected, it’s very difficult to even get on the ballot without winning the favor of a state political party. Moreover, judges can’t get on the bench without stumping for votes and raising campaign contributions, just like any other politician. Is it any wonder that a majority of Americans believe that campaign contributions have an influence on judicial rulings?
This is why we favor Merit Selection for Pennsylvania’s appellate judges. To honor that distinction between partisan politicians and impartial judges. To get judges out of the business of running political campaigns and raising campaign funds, and to restore the trust of Pennsylvanians in a fair and unbiased judicial system.