In the near future I will be introducing a joint resolution to amend Article V, Section 15 of the Pennsylvania Constitution to end judicial retention elections for jurists of the courts of common pleas, Commonwealth and Superior Courts and the Pennsylvania Supreme Court.
 
Under the retention process, an incumbent jurist merely files a declaration of candidacy for retention with the Department of State on the first Monday in January in the year before their term officially expires. The judge or justice’s name is then placed on a ballot (without party designation) at the municipal election in the year before the expiration of his or her ten-year term of office. The only question before the electors is whether to retain the judge or justice. If voters answer “yes,” the judge or justice secures an additional ten-year term. 
 
Since Pennsylvania adopted the retention system in the 1968 Constitution, only one appellate court jurist has ever NOT been retained. In practice, retention elections have essentially become a free pass for jurists to serve unlimited terms until the mandatory retirement age of 75.

As a co-equal branch of government, members of the Judicial branch should have to face public scrutiny and stand in defense of their records in the same manner as members of the Executive and Legislative branches, especially since the advent of hyper-activist courts that upend and rewrite laws enacted by the other two branches.

Members of the Executive branch face voters in competitive elections after four-year terms, as do Senators. Members of the House of Representatives similarly face the voters every two years. With ten-year terms, jurists of the courts of common pleas, Commonwealth and Superior Courts and the Pennsylvania Supreme Court already have plenty of leeway to remain independent in their rulings.
 
My joint resolution would allow the people of Pennsylvania to decide whether to end the practice of judicial retention in the Commonwealth. Moreover, competitive judicial reelection contests would help voters be better informed about the records of jurists who wish to remain on the bench.
 
Please join me in co-sponsoring this legislation.