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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | March 12, 2013 12:56 PM |
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| From: | Representative Bryan Cutler |
| To: | All House members |
| Subject: | Merit Selection of Appellate Court Judges (Former HB 1815 and 1816) |
| I am planning to introduce two pieces of legislation that would establish a Merit Selection system for the appellate courts -- the Supreme, Superior, and Commonwealth Courts. County courts would continue to be elected. The first is a resolution that would amend Article V of the Constitution to change the selection process for appellate judges from election to initial selection followed by retention. The second piece is implementing legislation outlining the operation of Merit Selection for the appellate courts. Merit Selection is a hybrid system that combines elements of elective and appointive systems. The key feature is the non-partisan citizens-based nominating commission that would be established to screen candidates, accept public input on candidates, and would be charged with creating a list of the most highly qualified candidates. The Governor would be required to nominate a candidate from this list who would be subject to Senate confirmation. After four years on the bench, the judge would stand before the people in a retention election to determine whether she or he would serve a full ten-year term, and then every ten years thereafter until mandatory retirement. Merit Selection focuses on qualifications – such as experience, reputation for ethical behavior, honesty and fairness, and temperament. Merit Selection removes money from the process of selecting appellate court judges; no longer would judicial candidates need to raise money from the lawyers and entities who would be most likely to later appear before them in court. These factors would help increase public confidence in the fairness and integrity of our appellate courts. Public opinion surveys demonstrate that Pennsylvanians want the opportunity to determine whether to change the Constitution concerning how we select appellate court judges. These poll results can be viewed at the following; http://judgesonmerit.org/wp-content/uploads/2010/06/2010-Merit-Selection-Poll1.pdf This legislation gives them that opportunity. PREVIOUS CO-SPONSORS: HB 1815-Jt. Resolution- CREIGHTON, EVERETT, MARSICO, MILNE, MOUL, MULLERY, MUNDY, MURT, PAYTON, QUINN, ROSS AND SCHRODER CREIGHTON, EVERETT, MARSICO, MILNE, MOUL, MULLERY, MUNDY, MURT, PAYTON, QUINN, ROSS AND SCHRODER
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Document #1
| Description: | Joint resolution changing and adding provisions relating to selection of justices and judge. | |
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| View Attachment | ||
Document #2
| Description: | Legislation establishing the Appellate Court Nominating Commission. | |
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| View Attachment | ||