Linking To Thoughts On How To Vote For Judges

When my wife and I watch the television show “The Good Wife,” we enjoy the depictions of the judges, some of whom display very odd habits. The producers of the show must have contacts in the legal profession who inform them about the strange habits and idiosyncratic views of real judges.

Don’t get me wrong, most judges who sit on the bench are outstanding individuals. Occasionally I have an opportunity to speak with lawyers who live in other nations around the world, and they envy our judicial system. Many countries cannot afford to have both a state and federal judicial system. We sometimes forget that our free enterprise system works only with the help of administrative judicial systems such as the FTC, FCC, SEC, EPA and other agencies. Although most judges are outstanding, there are some strange and quirky ones. A few are even isolated and out of touch with reality.

On the other hand, there are some judges so devoted that they do twice as much work as others, yet receive the same salary as the less ambitious judges. The easiest task of a judge is to render a decision—it takes extra effort to insure it is the right decision. 

No elected official has more influence over one’s life than a judge.

In a few days, we will elect judges for Pennsylvania appellate and lower courts. I’ll bet most people are unsure about their vote. Don’t think the lawyers are in any better position.

Although I’ve practiced over 10 years in Philadelphia County, I’ve appeared before fewer than half the 90 Common Pleas Court judges. Since I practice in Orphans Court, I rarely meet judges in Civil or Family Court. Although I practice in Delaware County, I cannot participate in the election of judges in that county, because I live in Montgomery County. I don’t know some of the candidates who are running for our state appellate courts because they live in counties hundreds of miles away from us. Everyone seems to have an opinion about who I should vote for, but I would rather it was my vote based on accurate information, not theirs.

Fine Lines

This is regretful because no elected official has more influence over one’s life than a judge. Judges decide custody arrangements for children, and guilt or innocence in criminal cases where years of incarceration may be at stake. We’re lucky to have a jury system in our country, but not every case is heard before a jury. Juvenile and Family Court cases are one example of cases heard by a judge alone.

Judges also decide pre-trial motions in jury trials, and many cases turn on decisions made in those motions. An attorney in a civil case who wins a Motion for Summary Judgment before a judge has his opponent's case thrown out of court, and his opponent never has an opportunity to present his side to a jury. How a judge decides a discovery motion may determine whether a stronger party “out-litigates” a weaker opponent who may have a just case not enough money to finance expensive litigation.

When our forefathers gave us the Bill of Rights, they knew some criminals might go free based on pre-trial motions, but they felt personal liberty and freedom from government intrusion were more important. Our judges in Montgomery County balance our personal liberties against the need to protect us against crime, on a daily basis.

Linking ... Into Informed Decisions

If you take your voting obligation seriously, here are some links that might be of interest. My colleagues at the Montgomery County Bar Association, of which I am also a member, have made judicial recommendations and they can be found here. The way these recommendations are made is that lawyers who appear before those judges vote on their character—so they are valuable. If there is a candidate running for the first time, a vote is taken among colleagues who know the candidate.

Another source of recommendations are web sites such as this one. 

The decision you make when you elect the judges next Tuesday will affect hundreds or thousands of your neighbors. Would you be willing to share how you make the determination who to elect? Are you satisfied with the current method of electing judges or would you propose revisions? Do you think we should continue to vote for judges, or should judges be appointed?

Should they serve for life, or a shorter term to protect the public in case they become isolated, eccentric and lose touch with reality? Do you pay any attention to recommendations of the local bar association? Let me and your neighbors know your opinion. 

Stay well until the next post.

—Bob Gasparro

Robert Gasparro is an Elder Practitioner (an accountant and attorney). He can be reached at robert.gasparro@lifespanlegal.com. He welcomes questions, or ideas for future blog posts.