Merit selection will make picking judges more political, not less: As I See It

HARRISBURG PATRIOT-NEWS Op-ed: … One needs look no further than the federal system to see how a “nomination and consent” process can get bogged down in politics. The New York Times has written about the “severe breakdown” of the federal appointment process in recent years due to political skirmishes. 10 percent of the federal appellate court seats are vacant, with six seats currently open in Pennsylvania and two more expected to be open by the end of this year. How are the courts to function with eight judges missing?

In New Jersey, a nomination and consent state, their process has broken down, with the Governor publicly criticizing judges, breaking tradition by refusing to re-nominate current Justices and the Senate delaying even scheduling hearings on new nominees.

Examining the fights, the Philadelphia Inquirer quoted K.O. Myers, director of research and programs at the American Judicature Society, as saying, “Any time politics becomes the focus of judicial selection, it puts judges in the position of having to play politics.” Is that what we want – politics behind closed doors rather in the sunlight?…  (more)

EDITOR: Perhaps the approach for appointing interim judges should replace elections.  The governor nominates and two-thirds of the senate must approve.   That should assure that nominees would be reasonably non-partisan.

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