Pushing for more changes in PA courts

August 25, 2011
  • Lynn Marks, executive director of Pennsylvanians for Modern Courts.

Last week, the Pennsylvania Supreme Court announced that its argument sessions will be televised for the first time. Amy Worden of The Inquirer's Harrisburg Bureau spoke with Lynn Marks, executive director of Pennsylvanians for Modern Courts, about change in the state court system. Marks, 62, a lawyer and author, has headed the Philadelphia-based advocacy group since 1990.

Question: What is Pennsylvanians for Modern Courts?

Lynn Marks: It is a statewide, nonprofit, nonpartisan organization working to ensure Pennsylvanians have the fair and impartial courts that they deserve. We advocate improvements with the jury and judicial-discipline systems and how judges are selected. We serve as watchdogs and help people navigate the courts.

Story continues below.

Q: Have you ever considered a jazzier name? Say, Rockthebench.org? Justice4u? Cleanupthecourts.org?

Marks: [Laughter.] Maybe we should have a contest. A number of years ago we did discuss changing the name but never came up with a better one. We're open for suggestions.

Q: One of your principal goals has long been ending the process of electing judges and switching to "merit selection." Can you tell us what that is?

Marks: Merit selection is a new way for Pennsylvania to choose statewide appellate courts, it's a hybrid of appointing and electing designed to get the most qualified, fair, impartial judges. It gets judges out of the fund-raising business. Qualifications determine who becomes a judge, rather than random factors like good ballot position or a familiar name.

The governor would select judges from a list prepared by a nonpartisan citizen nominating commission of lawyers and nonlawyers. After an initial term, the judge goes to voters for an up-down retention vote. . . . The heart of it would be qualifications written into the [state] constitution. Now you only have to be an attorney, 21, and a resident for a year.

Q: Merit selection has been proposed since 1942. Do you anticipate seeing it accomplished in your lifetime?

Marks: Judicial reform is not for the short-winded, a judge once said. . . . If we don't continue to push for it, it will never happen. We've grown the coalition of civil, legal, business, and minority groups who support reform.

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