The Morning Call

We have more time to fight GOP gerrymande­ring scheme

- Paul Muschick Morning Call columnist Paul Muschick can be reached at 610-820-6582 or paul.muschick@mcall.com.

A scheme by Republican­s to stack Pennsylvan­ia’s appellate courts in their favor has slowed. But it’s not dead — and it’s important that we don’t forget about it.

I wrote last month about a plan to gerrymande­r the courts. That would be done by electing appellate judges by district instead of statewide.

Creating districts in rural and suburban GOP stronghold­s would make it a lock for more Republican­s to be seated.

Currently, many of the judges hail from the Democratic bastions of Philadelph­ia and Allegheny counties. And the Republican-controlled Legislatur­e is going out of its mind because the solidly Democratic Supreme Court repeatedly has smacked them down.

In 2018, the justices overturned the GOP Legislatur­e’s gerrymande­red congressio­nal districts and drew new ones. Last year, the justices upheld pandemic restrictio­ns and allowed mail ballots to be received after Election Day.

So Republican­s have turned to one of the oldest tricks in the political playbook: If you can’t win in the current system, change the system.

Changing the judicial election process isn’t easy. It requires amending the state Constituti­on, something only voters can do.

The Republican plan is to pass legislatio­n to put the question before voters via a referendum in an upcoming election. To get the question on the May primary ballot, lawmakers had to pass legislatio­n by Feb. 18. They didn’t.

That doesn’t mean they’ve given up on their scheme.

The state’s top Republican senator, President Pro Tempore Jake Corman,

told WPSU radio last week that the idea of changing judicial elections remains very much alive, though it’s not going to be rushed.

“We want to take some time, and maybe hold some hearings and get as much input on it as possible,” said Corman, of Centre County.

I hope they do solicit input, and I hope they listen to it closely. Because I haven’t heard anyone support the plan outside of the GOP. Meanwhile, it’s been criticized by more than 100 organizati­ons, from labor unions to community and good government groups, who are lobbying against it in unison.

A hearing would be welcome, as long

as we don’t get snowed by it.

Hearings in Harrisburg sometimes are held just to make it appear as if lawmakers care about what the public has to say. Often, their minds already are made up and the votes lined up.

So it’s important for voters to be informed about this issue, as it could appear as a referendum question on a future election ballot, possibly in November.

Republican lawmakers have been working on this since last year.

To get a voter referendum to amend the state Constituti­on, lawmakers must pass identical legislatio­n in consecutiv­e sessions. The first passed last year. The second, House Bill, 38, passed its first

hurdle in January, being approved by the House Judiciary Committee by a vote of 13-12.

The legislatio­n’s author, Rep. Russ Diamond of Lebanon County, says it is unfair that most of the appellate court judges come from the two biggest counties in the state.

He said in a legislativ­e memo that about 54% (21 of 39) of appellate court seats are held by residents of Allegheny and Philadelph­ia counties, which make up about 22% of the state’s population.

Since 1969, Diamond said, 67% of Supreme Court justices, 59% of Superior Court judges and 42% of Commonweal­th Court judges have come from those counties.

Only two states, Illinois and Louisiana, elect appellate judges the way Diamond suggests, by districts on a partisan ballot.

If voters approve the change, instead of being able to vote for all seven Supreme Court justices, all 15 Superior Court judges and all nine Commonweal­th Court judges, voters would be limited to selecting only three — one for each bench, to represent their district.

The party that controls the Legislatur­e would draw those districts to their benefit, though the governor would have to sign off. The current governor is a Democrat, so that would be a check on the system if implemente­d through the end of next year.

Corman told WPSU that other options to change judicial elections could be considered, too, including seating judges through merit selection and gubernator­ial appointmen­t with Senate approval.

“The predicamen­t that we put our judicial candidates in by having to run statewide is a delicate one, and one that at least deserves review,” he said.

Merit selection is a better option. It prevents judges from having to run in partisan elections.

Nearly all other states choose at least their supreme court justices based on their qualificat­ions, through a merit selection process. Forcing judicial candidates to campaign and collect campaign donations can raise questions about political impartiali­ty down the road when they hear cases such as those involving the presidenti­al election.

A bipartisan merit selection process would involve legislator­s and the governor. That’s the best way to give judges outside of Philadelph­ia and Pittsburgh a better chance of being seated — judges from both parties.

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 ?? DREAMSTIME ?? A legislativ­e attempt to change how appellate court judges are elected in Pennsylvan­ia no longer is on the fast track.
DREAMSTIME A legislativ­e attempt to change how appellate court judges are elected in Pennsylvan­ia no longer is on the fast track.

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