Judge Retention Elections

[Walleye Hunter]

How do these things work? What if we vote to not retain a judge? I show a John Bender (R) and a Mary Bowes (D) up for retention. I'll vote no on her just because.

[PickingPA]

How do these things work? What if we vote to not retain a judge? I show a John Bender (R) and a Mary Bowes (D) up for retention. I'll vote no on her just because.

You answered your own question. That’s exactly how it should work, VOTE NO ON DEMOCRATS

[Walleye Hunter]

You answered your own question. That*s exactly how it should work, VOTE NO ON DEMOCRATS

Yeah but what happens if we succeed in dumping her? None of those other judges are in competition with her are they?

[PickingPA]

Judges rarely, if ever, lose the retention election.

Their first term is done through traditional partisan campaigns with party endorsements. Subsequent 10 year (and I think some are 6 year) terms are a simple YES or NO vote on retention. They are each running unopposed to keep their seat.

I don’t know what happens if NO wins, special election maybe?

[ImminentDanger]

Yeah but what happens if we succeed in dumping her? None of those other judges are in competition with her are they?

I wanted a definitive answer to this as well. So I did the research.
(If somehow I got this wrong, someone should correct me.)

The Answer:

If a judge fails to succeed in their Retention Vote, at the end of their term (in January),
the governor appoints a replacement (with 2/3 consent of the Senate) to serve for one year. A new
election is held that coming November and the elected replacement judge will be seated in January
(one year after the end of term of the un-retained judge). Essentially, on failing retention, that
judgeship is filled by the Governor for a one year period until an election can produce a judge
chosen by The People.


Background:

https://dsc.duq.edu/cgi/viewcontent....11&context=dlr

Delegate Keller suggested retention elections would functionally ensure lifetime appointments, calling the concept the "till death do us part" proposal.

Other delegates believed merit-retention elections were necessary to lessen the influence of partisan politics on sitting judges.

Delegate Goldman said nonpartisan retention elections "keep [judges] out of politics, running solely and exclusively on their own background, on their own ability as they have proven it in their preceding term.

On April 23, 1968, Pennsylvanians adopted the current Constitution. Supreme Court justices, appellate and common pleas court judges are elected to ten-year terms. Philadelphia municipal and traffic court judges and magisterial district court judges are elected to six-year terms. All of these jurists, except magisterial district court judges, may seek reelection to office by running in nonpartisan retention elections.

As the preparatory committee to the 1967-68 constitutional convention wrote: "Under [the retention election] system there will be no real contest, and unless there are two contestants, there is no doubt about the outcome of the race."

CONCLUSION: It is unknown if Pennsylvanians will decide to change the way they select judges. While the effort to move to an appointive system of judicial selection has persisted for over 40 years, no initiative or legislation has come closer than the 1969 referendum, which failed by less than 20,000 votes. Nevertheless, the movement appears reenergized through the efforts of advocacy groups and elected representatives. Regardless of the method ultimately selected for the initial appointment of jurists, however, it appears likely that Pennsylvanians will continue to have a direct vote on which jurists are permitted to remain in office after their initial term, through the state's 40 year old merit-retention election system.


https://www.mcall.com/opinion/mc-opi...104-story.html

Judicial candidates only face each other on the ballot when a vacancy occurs due to a retirement, resignation, death or a rare negative retention vote. District judges are an exception and face re-election in an open field every six years.

The Pennsylvania Department of State, which runs elections, doesn't keep data about lost judicial retention votes. But when I asked about it, longtime staffers there could recall only three: Supreme Court Justice Russell Nigro in 2005, Bradford County Judge John Mott in 2007 and Luzerne County Judge Peter Paul Olszewski Jr. in 2009. I found a few others in newspaper archives, Blair County Judges Norman Callan in 2001 and R. Bruce Brumbaugh in 1989. (Morning Call - Paul Muschick)

https://law.justia.com/codes/pennsyl...apter-31/3153/

2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31 - Selection and Retention of Judicial Officers
3153 - Retention elections after regular term.

§ 3153. Retention elections after regular term.
(a) General rule.--A judge elected under section 3131
(relating to selection of judicial officers for regular terms)
or retained under this section may file a declaration of
candidacy for retention election with the Secretary of the
Commonwealth on or before the first Monday of January of the
year preceding the year in which his term of office expires. If
no declaration is filed, a vacancy shall exist upon the
expiration of the term of office of such judge, to be filled by
election under section 3131(c).
(b) Judicial ballot.--If a judge files a declaration, his
name shall be submitted to the electors without party
designation, as a separate judicial question or in a separate
column or line on voting machines, at the municipal election
immediately preceding the expiration of the term of office of
the judge, to determine only the question whether he shall be
retained in office.
(c) Results of election.-- If a majority is against
retention, a vacancy shall exist upon the expiration of his term
of office, to be filled by appointment under section 3132(a)
(relating to vacancies in office). If a majority favors
retention, the judge shall serve for the regular term of office
provided for in section 3152 (relating to tenure of judicial
officers), unless sooner removed or retired. At the expiration
of each term a judge shall be eligible for retention as provided
in this section, subject only to the retirement provisions of
this part.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended the section heading.
Cross References. Section 3153 is referred to in sections
3131, 3132 of this title.


...

[Gunsnwater]

I never vote to retain.

[bigandy1966]

this is where due dilligence on looking up the party of the judge and or who appointed them is important
No on any filthy socilaist democrats and yes on any republican appointed judges