Mark Pinsley: Urge 'no' vote on judicial districting bill

In a hasty process with no public hearings and little deliberation, the Republican-controlled Legislature passed House Bill 38, which amends the state Constitution to radically change the way we choose judges for our state’s three appellate courts. Despite bipartisan opposition and immediate outcry from labor unions, civil rights organizations and good-governance watchdogs, the radical right wing seems intent on pushing the proposed amendment into law.

In Pennsylvania, the people vote in statewide elections to determine which judges sit on the state’s Supreme Court, Superior Court and Commonwealth Court. HB 38 divides the state into new regional districts, limiting where judicial candidates could run.

This change would essentially gerrymander our courts by permanently guaranteeing Republican majorities based on our population distribution. Such a brazen attempt to hyper-politicize our courts also allows the Legislature to redraw districts to punish, intimidate or influence individual appellate judges, which is unconscionable.

For us to take action, it is essential to understand the process. HB 38 begins the process of altering the state Constitution. An amendment requires the State House and Senate to pass an identical resolution in two consecutive legislative sessions; unlike a bill, the governor cannot veto this resolution.

Once the proposed amendment passes in two consecutive sessions, a referendum appears on the ballot in the form of a “yes or no” question. The full Legislature passed a judicial districting bill last session, and the House Judiciary Committee approved identical legislation in a recent 13-12 vote. If the state House and Senate vote pass this bill anytime before Nov. 30, 2022, a referendum will appear on the ballot for the next election. If voters approve the proposed amendment, the General Assembly would have total unchecked power to draw judicial districts however they wish.

The Supreme Court, Superior Court and Commonwealth Court are the state’s highest courts, interpreting state laws and the Pennsylvania Constitution. These judges’ decisions serve as legal precedents for the state’s lower courts. Their importance cannot be overstated, especially given recent rulings to protect our sacred right to vote. The courts are the last line of defense for our democracy, and for them to function correctly, we need them to be as nonpolitical as possible.

Under the Republican proposal, the state would be divided into seven districts for the Pennsylvania Supreme Court’s seven seats. Voters in each district would select a single judge for their district. The districting plan would phase in as each current judge’s term ends, and the legislature would redraw district boundaries every ten years based on population changes.

Rep. Russ Diamond, R-Lebanon County, and other advocates for the amendment argue that it would organize the courts into representative districts and increase diversity in the courts, which is absurd. The major flaw with this line of reasoning is that these appellate judges’ role is to interpret the law statewide, not to represent a district and its voters. It also overlooks that Pennsylvania’s judiciary is already diverse, both regionally and demographically.

The proposal has several other alarming flaws. It prioritizes a judicial candidate’s address over their qualifications. Regionalized judicial districts will make it much tougher to elect the best qualified and most experienced judges to our appellate courts.

We all know the disastrous impact gerrymandering has had on our congressional and state legislative elections. Why in the world would we ever want to see our state appellate courts suffer the same fate?

Unlike legislators, who we expect to represent their constituents’ partisan interests, judges must be permitted to do their jobs free of political pressure or influence. Upholding the rule of law and protecting others’ rights often involves making unpopular decisions in our hyper-partisan world.

The General Assembly must not have the power to draw judicial districts or gerrymander our state’s court system. I ask all Pennsylvanians to contact their state senators and representatives today to urge them to vote “no” on the General Assembly’s judicial districting bill, House Bill 38.

Mark Pinsley is Lehigh County controller.