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Vote on Tuesday (Gritting Your Teeth: Optional)

Submitted by Steve Strahs on May 18, 2009 - 12:28pm
  • Why Do We elect Judges?

Vote on Tuesday (Gritting Your Teeth: Optional)

So you're going to vote in the May 09 Primary.  You're one of those stalwart citizens who's going to go out and do her part, and so what if the candidates aren't headliners this time around. Government isn't about glamour; it's about taking care of the daily grind of the people's business.  Will it be done ethically, intelligently and responsibly, or not? 

The voters get to decide (that's the good part), but let's admit that the criteria we use can be a bit muddled, not to mention that the distance between citizens and their government can make outer space seem like around the corner.  But hey, democracy isn't perfect and certainly not an exact science.

OK, so whom are you going to vote for?  First, take a look at your sample ballot.  Oh, you don't have one?  You don't get one in the mail from your Election Board so you get a chance to preview what you'll confront in the voting booth?  Too bad.  Unfortunately, most election boards do not seem to have sample ballots online, either.  (If you live in Pike County, though, you're in luck!) 

Otherwise, you can at least find your PA ballot online indirectly with the help of The League of Women Voters.  Click on this link or copy it into your browser:  http://www.smartvoter.org/2009/05/19/pa/state/ Then, if you live in Montgomery, Philadelphia, Allegheny or Delaware County, insert your address on the right and click on "Find Ballot."  There you go.  If they made democracy really easy, we wouldn't appreciate it, right? 

Let's cover the judiciary (all we have space for), beginning with the Pennsylvania Supreme Court, then on down to the Superior Court, Commonwealth Court and finally, Court of Common Pleas. (In some jurisdictions, you'll also be voting for the most local judges, usually called "Magisterial District."  The ballot says how many to vote for and what party they're from (except for Court of Common Pleas).  

Now when it comes to the Court of Common Pleas, things get a little sticky.  If you live in one of the four counties cited above, you can use the League ballot as a guide (see above).  If not, check if your county has a ballot online or check with your county party.  Parties tend to only list their endorsed candidates.  Every county has a different number of seats up.  In Montco, there are seven seats on the ballot.   

Still need some advice on who the best candidates are?  You mean after a riveting primary campaign (I couldn't resist a little sarcasm), you're still not sure?  I suspect that most people are in the same boat.  If you're a loyal party member and believe that party affiliation reflects judicial perspective and fitness, then your party's endorsements may be your ticket. However, for the Court of Common Pleas, party affiliation alone won't work because candidates can and do cross-register.  That is, Common Pleas candidates are on both Republican and Democratic lines.  So unless you're something of a party insider, the only way you're likely to know who is with what party is to check out those party endorsements, or get other candidates' literature. Here's the official Republican ticket and here's the Democratic ticket.   

In addition, you can count on the fact that there will be plenty of hand-out offerings at the polls to guide your decision-making.  But if you're sloppy, and just choose, say, the first seven candidates listed on your party ballot for the Court of Common Pleas, you could well be voting for what amounts to some "stealth-candidates" from the other party.  The biggest fear that the parties have is that a cross-filer with a high position on the ballot could sneak in and win the endorsement of the "other" party. You have to admire such an ingenious system.  Too bad it doesn't also make sense.

On the other hand, if party endorsement or, at the least, affiliation, is not a conclusive criterion for you when it comes to judiciary candidates, you may have some last-minute research to do, and even then, you might end up sticking your finger to the wind. 

Here are some resources:

The Voters Guide of the League of Women Voters;

Inquirer Editorial Board Judicial Candidate Questionnaire;

Inquirer Endorsements of Statewide Judicial Candidates;

It won't help in Tuesday's primary, but you might consider whether judges should be elected at all.  Pennsylvania is one of only six states that elects all of its judges in partisan elections.  How do you get elected judge?  One observer says it's about luck and money (see this link at Pennsylvanians for Modern Courts, an organization we should hear more about).  When you take into account the reality that judicial candidates have little choice but to fundraise among lawyers who appear before them in court, the system's potential for flagrant conflicts of interest are obvious.  Moreover, even the nature of acceptable campaign debate in judicial elections remains contested, and without vigorous debate, what is the point of having an election?  Merit selection, effective in other states, offers an attractive alternative.  In Pennsylvania, some heavy-hitters, including the chairmen of both major parties, have come out in favor of merit selection.  Maybe it's time to put that support to the test.

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