Selection Snapshots

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.

By a vote of 28-12, the senate gave final approval to a bill that ends the role of the nominating commission in appointing court of appeals judges and requires senate confirmation of such appointments. The house of representatives passed the bill earlier this month. The constitution need not be amended to accomplish the change.

The house of representatives approved with a 78-14 vote a proposed constitutional amendment that would alter the process for selecting Tennessee’s appellate judges. The senate approved the measure 29-2 in February. The legislature also approved the proposal in 2012, so it will be on the ballot in 2014.

Arizona’s house of representatives passed a bill that would increase from three to five the minimum number of candidates a nominating commission sends to the governor for each judicial vacancy. The constitution calls for the commission to submit at least three nominees to the governor.

Responding to a 6-3 supreme court decision that invalidated a legislative initiative requiring a two-thirds vote for tax increases, three Republican senators proposed a bill that would eliminate four justices from the nine-member court, citing the resulting salary savings.

President Obama appears to be making diversity a priority in his judicial appointments. Of the 35 federal judicial nominees awaiting a Senate confirmation vote, 17 are women, 15 are ethnic minorities, and five are openly gay. Of the judges who were confirmed during Obama’s first term, 37 percent were non-white and 42 percent were women. These figures are notably higher than those of his predecessors.

Oklahoma has joined several other states—including Florida, Illinois, Kansas, Minnesota, North Carolina, Pennsylvania, South Dakota, and Tennessee—whose legislatures are considering changes to the process for selecting judges.

As it did in 2012, Florida’s house of representatives has proposed giving the governor greater authority over the membership of the state’s judicial nominating commissions. Of the nine members, four are appointed from recommendations by the state bar. The proposed measure stipulates that the other five members would serve at the governor’s pleasure.

Justice Pat Roggensack and Marquette University law professor Ed Fallone were the top two vote-getters in the February 19 primary election for a seat on Wisconsin’s supreme court, and they will compete in the April 2 general election.

Legislators in Illinois have filed three measures that would enhance judicial qualifications and alter the judicial selection and retention process. Among the proposed reforms—which would require amending the constitution—are a commission-based gubernatorial appointment process for filling judicial vacancies and a judicial retention commission to consider the qualifications of judges seeking retention.