Pennsylvania Bar Association recommends Supreme Court justices for retention

Pennsylvania has three Democratic Supreme Court justices up for retention this year and a vote could decide the fate of the court. 

While right-wing billionaires are getting ready to fund a “vote no” campaign, Pennsylvania’s three Democratic Supreme Court Justices were recommended by the Pennsylvania Bar Association  for retention in November’s election. 

“The [Pennsylvania Bar] is an independent body, and it is a body that interviews their colleagues and others that may have been before [the Supreme Court justices] in a courtroom either, over the last 10 years or previously,” Kadida Kenner, the CEO of the New Pennsylvania Project, explained in an interview. 

“They’re judging the temperament of these justices. They’re judging how they behave on the bench. And for a body that is nonpartisan to give their approval for an extended tenure for another 10 years just speaks to how nonpartisan retention elections are and should be.”

Democrats hold a 5-to-2 majority on the bench, and the three judges up for a nonpartisan “yes” or “no” retention vote this fall are Chief Justice Christine Donohue and Justices Kevin Dougherty and David Wecht.

They will serve another 10-year term if they’re successful, but if they fail, their seats remain vacant until the Pennsylvania Senate Republicans approves Gov. Josh Shapiro’s appointments to fill the bench or until the next odd-year election.  

It is extremely rare for a justice in Pennsylvania to lose a retention vote. Only one judge has failed at retention since the voting system was implemented in 1968, but that’s not stopping advocates from raising awareness about the “vote no” campaign Republicans and their billionaire backers are trying to mount. 

“ I think Pennsylvanians retain judges and justices because after a 10 year period on the term, we know how they have ruled, we know how they’ve interpreted the Pennsylvania constitution, and it really shouldn’t matter what political party they belong to after a 10 year term,” Kenner said.

Kenner went on to warn about the possible effects of a successful “vote no” campaign this fall. On top of the Pennsylvania Supreme Court, there are Democratic justices up for retention on the Commonwealth Court and the Superior Court, which are Pennsylvania’s two statewide appellate courts, and dozens of more Democratic and Republican justices up for retention that sit on county Common Pleas courts.

“ Pennsylvanians typically say yes in retention elections unless there is a very strong anti-retention campaign that is launched that would be very costly,” Kenner said.  

“What’s also very costly is the loss of institutional knowledge.  If Pennsylvanians were to just say no to all of these judges and justices on this retention election ballot we’re losing more than 100 years of institutional knowledge between all these folks that have been on the bench for a 10 year period.