Pennsylvania

As Pennsylvanians for Modern Courts celebrates its 25th year, supporters of moving from partisan elections to commission-based appointment of the state's appellate judges are optimistic that the time is finally right. That optimism stems largely from two recent scandals that have plagued the state supreme court. The reform legislation also enjoys support on both sides of the aisle.

Governor Tom Corbett nominated superior court judge Correale F. Stevens to fill the supreme court vacancy created by former justice Joan Orie Melvin's resignation following her criminal conviction. At the same time, a sitting supreme court justice is now the subject of an FBI investigation. The investigation is focusing on whether Justice Seamus McCaffery and his wife, who serves as his chief aide, violated the state Ethics Act when she received fees for referring clients to personal-injury law firms.

With Justice Joan Orie Melvin’s resignation from the Pennsylvania Supreme Court on May 1, Governor Tom Corbett has ninety days to fill the vacancy. Last month, Senate Democrats sent Governor Corbett—a Republican—the names of five Republicans whose appointment they would support.

Legislatures in 17 states are considering whether to increase or eliminate their mandatory retirement age for judges. Mandatory retirement ages for state judges around the country range from 70 to 75. Pennsylvania’s supreme court recently agreed to hear a case challenging that state’s maximum age of 70 as discriminatory and in violation of the state constitution.

Facing sentencing for a corruption conviction and a house resolution calling for her impeachment, Justice Joan Orie Melvin announced her resignation, effective May 1. Supporters of judicial selection reform are optimistic that these developments will lend momentum to efforts to move to merit selection of the state’s appellate judges.

Four former Pennsylvania governors, including two Democrats and two Republicans, joined together in expressing support for a proposal to change the way the state’s appellate judges are selected. A bill introduced in the senate in January calls for appellate judges to be chosen through a merit selection process rather than in partisan elections.

The Pennsylvania Bar Association’s Judicial Evaluation Commission has posted the first of its endorsements of judicial candidates, in preparation for the May 21 primary election. The Bar’s review process consists of a questionnaire on the candidate’s legal background, an investigation by a three-member panel, and an interview with the full commission, after which the candidate is notified of the Bar’s decision.

On the same day that jury selection began in the trial of a supreme court justice charged with illegal campaign practices, a Pennsylvania legislator introduced a measure that would end partisan elections for appellate judges.

A Philadelphia-based Tea Party group vowed to challenge the retention of two supreme court justices on the ballot in 2013 if the state’s voter ID law is not in place for the November elections.

A third of the Middle District of Pennsylvania's active court lies vacant due to the slow-moving process of judicial nominations. These vacancies significantly overburden the district, forcing citizens into long, drawn-out litigation. Rebecca Love Kourlis, Executive Director of IAALS, was interviewed about the situation.