PA Chamber Vice President Gene Barr told Senate lawmakers on Tuesday, Sept. 16 that Pennsylvania's constitution should be amended to allow for merit selection of appellate judges.

"In order to command the absolute respect and confidence of the public at large in an independent, non-partisan judiciary, Pennsylvania needs to move from a partisan election approach driven by special interests and money to one that is based upon one's qualifications," Barr told lawmakers at a meeting of the state Senate Judiciary Committee.

Because most candidates cannot afford to self-finance their campaigns, they have to raise the money they need. Much of this money comes from attorneys, and some of them will be appearing in front of those judges. This relationship can raise questions about the judge's impartiality.

"Merit selection minimizes political influence by eliminating the need for candidates to raise funds, advertise, and make campaign promises, all of which can compromise judicial independence," Barr said.

The PA Chamber is supportive of the creation of a nominating panel comprising men and women, lawyers and non lawyers, broadly representative by background, occupation, residence and racial and ethnic diversity of the citizens of the Commonwealth. The panel should have an equal number of members from each major political party, with provisions for ensuring the continuity and independence of panel members. This panel will not only be able to sift out unqualified applicants, but search out the most qualified.

The chamber also supports a process that provides for removal from the bench for those who do not fulfill their judicial responsibilities – in stark contrast to lifetime appointments seen at the federal level.

"The business community wants an efficient, cost-effective system with appellate court judges of demonstrated expertise, independence, integrity and competence who adhere to the highest standard of judicial behavior," Barr said. "Merit-based judicial selection systems, which place the focus squarely on professional qualifications and fitness for the bench, provide the appropriate balance between independence of the judiciary and accountability to the rule of law and the people through periodic retention elections.

"In the end, this will enhance public trust and confidence in the fairness and impartiality of the courts."