Underdog Militia Report

On Tuesday May 19, 2009 another primary election will be held in Pennsylvania.
In Pennsylvania, State legislature and congressional delegation elections are held in even numbered years.

State Representatives: all for up for two year terms.
Half the State Senate: elected to four year terms.
Various state wide offices: Attorney General, Treasurer, Auditor, Governor: Up for four years terms.

Since this is an old numbered year, local and Judicial offices are up for a vote.
Local County offices: sheriffs, Treasurers, Coroners, Commissioners, District Attorneys, up for four year terms.
Local Town Councils: Various term length depending on the municipality.
and
Judicial offices.
At the lowest level there is the Magisterial District office (also known as Justice of the peace): Generally six year terms.

Then there is the Courts of Common pleas: They are elected to Ten year terms, with a yes/no question on the ballot when their terms expire. If they get a majority “No” vote then they are removed from the bench. This rarely happens. Most Judges retire from the bench when they reach the mandatory retirement age of 70. General it is easier to get a crooked Judge removed by an appeals court for bad behavior.
Above them there is the State wide courts of appeal: same terms and removal procedures.
At the top is the Pennsylvania Supreme Court: same terms and removal procedures.
All Judicial offices with the exception of Magisterial Districts require one to be a member of the Bar before they can be sworn in.

Now everyone knows that the Judge’s main job is to be an impartial moderator in all Civil and Criminal cases.
Unfortunately prosecutors, and other taskmasters work to put biased people onto the bench. An example is what is happening in Dauphin County. Chief Deputy District Attorney of Dauphin County runs for Judge

First of all, prosecutors should not even be allow to become a Judge. The conflict of interest in criminal cases is so obvious a child could recognize. However, what is happening here is much more open corruption. The elected Dauphin County prosecutor (his boss) is openly campaigning for him, and is rumored to be on his campaign staff. Not to mention the open endorsement of the local taskmaster’s union (also known as the Fraternal Order of Police). This is just one example of something that happens in almost every Judicial election. Almost every election has District Attorneys openly campaigning for Judges. Then people don’t seem to understand why they can rarely get a fair trial.

Now here’s the trick they are trying to pull. These same people want to abolish the election of Judges and make it an appointed office. Sounds reasonable don’t it?
Here’s the problem. In the Federal Courts, and States that have appointed Judges, the Prosecutors just end up picking the Judges outright. People have a much worse chance of getting a fair trial in those systems. At least in States where the people get to vote on the Judges, a few honest impartial people get elected.

The solution to having fair Judges is this:

First: Forbid any former Prosecutors from serving as a Judge. At least in Criminal cases.
Two: Abolish the Bar monopoly. Remove the requirement that one be a member of any association or party to serve as a Judge.
Three: Question the ethics of anyone running for Judge who has a District Attorney or prosecutor working on his campaign staff.

Now don’t forget to vote on Tuesday.

Related posts:

1. Hugh Stanley Rebert loses republican primary!
2. Appealing to the court of common pleas
3. Statute of limitations