7.1 Policy Concerning Judicial Selection, Retention And Evaluation.

The Association shall

1. 7.1.1 Recommend and actively support for judicial office individuals who, by virtue of their integrity, judicial temperament, professional competence and experience, commitment to the community, and commitment to the principles of diversity, equity, inclusion, and belonging, have demonstrated their qualifications for judicial office;
2. 7.1.2 Oppose the selection for or retention in judicial office of individuals who have not demonstrated such qualifications;
3. 7.1.3 In order to expand the pool of qualified candidates for judicial office, educate the community regarding the qualifications needed to be a judge or justice and the various manners in which one can apply for an appointment or stand for election to such office;
4. 7.1.4 Exclude partisan considerations from the evaluation of individuals for retention and selection for judicial office;
5. 7.1.5 Actively support the merit selection of judges and justices through amendment to the Constitution of Pennsylvania and other appropriate means; and
6. 7.1.6 Conduct, at its discretion, periodic interim evaluations with regard to the performance of members of the judiciary.

7.2 Courts Within Scope Of Association’s Concern.

1. 7.2.1 The Association shall be concerned with judges of, and judicial candidates for, the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court.
2. 7.2.2 The Association may be concerned with justices and judges of, and judicial candidates for, the Supreme, Superior and Commonwealth Courts of Pennsylvania; the United States District Court for the Eastern District of Pennsylvania; the United States Court of Appeals for the Third Circuit, and any other court for which an individual is being considered, or for which the Board deems it appropriate.

7.3 Commission On Judicial Selection And Retention; Quorum; Chair; Vice Chair; Vacancies.

1. 7.3.1 The Commission shall implement the policies of the Association set forth in Section 7.1. In addition to the criteria set forth in Section 7.1.1, the Commission may adopt such other criteria for selecting individuals to recommend and actively support for judicial office, so long as any additional criteria are consistent with Section 7.1.
2. 7.3.2 The Commission shall consist of each of the voting members listed below in this Section 7.3.2. Unless otherwise specified below, each member of the Commission shall serve two-year terms to start in January of even calendar years and end in December of odd calendar years. Unless otherwise specified, ex officio positions shall be held by the individual in that position as of January of even calendar years. The Commission shall consist of the following voting members:
   1. 7.3.2.1 The Chancellor, the Chancellor-Elect, and the Vice Chancellor, for one-year terms consistent with their term in office.
   2. 7.3.2.2 The President Judge of the Court of Common Pleas of Philadelphia County and the President Judge of the Philadelphia Municipal Court. If the President Judge of the Philadelphia Court of Common Pleas is unavailable to serve on the Commission under Section 7.5.4 or if they are unavailable to regularly attend meetings of the Commission, they shall be replaced first by the Administrative Judge of the Trial Division, second by the Administrative Judge of Family Court, and then third by the Administrative Judge of Orphans’ Court. If the President Judge of the Philadelphia Municipal Court is unable to serve on the Commission under Section 7.5.4 or if they are unavailable to regularly attend meetings of the Commission, they shall be replaced by the Administrative Judge of Municipal Court or by the designee of the Administrative Judge of Municipal Court.
   3. 7.3.2.3 The District Attorney of Philadelphia; the City Solicitor of the City of Philadelphia; the Chief Defender of the Defender Association of Philadelphia, and the Pennsylvania Attorney General. At the start of each two-year Commission term, each of the individuals listed in this Section 7.3.2.3 may appoint a designee to serve instead of that individual as a member of the Commission for that year; provided that the designee agrees to consistently attend meetings of the Commission throughout the term. If the District Attorney of Philadelphia or the Pennsylvania Attorney General are running for re-election, they are unable to serve on the Commission pursuant to Section 7.5.4 of these Guidelines and may appoint a designee to serve in their place.
   4. 7.3.2.4 If any person serving as the President Judge of the Court of Common Pleas, President Judge of the Municipal Court, District Attorney of Philadelphia, City Solicitor of the City of Philadelphia, Chief Defender of the Defender Association of Philadelphia or Pennsylvania Attorney General vacates that office, that person shall cease to be a member of the Commission and that person’s designee, if any, shall cease to be a member of the Commission. The person who fills that office shall become a member of the Commission and, if authorized by Section 7.3.2.3, may appoint a designee to serve instead of that individual as a member of the Commission for that term, provided that the designee agrees to consistently attend meetings of the Commission throughout the term.
   5. 7.3.2.5 Each Division, the Family Law Section, the Probate and Trust Section, the Public Interest Section, the State Civil Litigation Section, the Business Law Section, each Committee designated by the Board (not to number more than three (3) Committees with a focus on appellate litigation, municipal courts litigation, and women in the legal profession), each shall designate one member of their Division, Section or Committee to serve on the Commission. The Criminal Justice Section shall designate two members to serve on the Commission provided that one shall be employed by a prosecuting authority and the other shall be a criminal defense attorney. The Division, Sections, and Committees named herein shall strive to designate members who have litigation or trial experience or have familiarity with the operation of the courts. The chair or co-chair of each Division, Section or Committee listed herein shall, on or before January 15 of each even calendar year, notify the Chancellor as to the identity of their designees to the Commission. If that notification is not given by January 15 of each even calendar year, the Chancellor shall designate a member of the Division, Section or Committee to serve as a member of the Commission for that term.
   6. 7.3.2.6 Four Lawyer Voting Members of recognized standing, judgment and independence, two of whom shall be appointed by the Chancellor and two of whom shall be appointed by the Chancellor-Elect each even-calendar year, with the approval of the Board, to serve for a term of two (2) years each, with terms expiring on December 31 of each odd calendar year, with a limitation of four (4) consecutive two (2)-year terms. Thereafter, the Voting Member shall be eligible for reappointment to the Commission after a lapse of twenty-three (23) months from the expiration of the Voting Member’s term. The Chancellor and Chancellor-Elect, on or before January 15 of each even calendar year, shall appoint with the approval of the Board, the successors to the lawyer Voting Members whose term expired on December 31 of the previous year.
   7. 7.3.2.7 Four non-lawyers, two of whom shall be appointed by the Chancellor and two of whom shall be appointed by the Chancellor-Elect each even-calendar year, with the approval of the Board, to serve for terms of two (2) years each. Non-lawyer members of the Commission shall be limited to four (4) consecutive two (2)-year terms and shall be eligible for reappointment to the Commission after a lapse of twenty-three (23) months from the expiration of their prior term. Such persons shall be selected from the public at large and be persons of recognized standing, judgment and independence, who have demonstrated their interest in the administration of justice in Philadelphia. The Chancellor and Chancellor-Elect, on or before January 15 of each even calendar year, shall appoint, with the approval of the Board, the successors of the members whose term expired on December 31 of the previous year.
   8. 7.3.2.8 The Chair or the Executive Director of Community Legal Services as designated by its Board; the President or a representative of the Asian-Pacific American Bar Association of Pennsylvania, as designated by its board; the President or a representative of the Barristers’ Association of Philadelphia, as designated by its board; the President or a representative of the Hispanic Bar Association of Pennsylvania, as designated by its board; the President or a representative of the South Asian Bar Association of Philadelphia, as designated by its board; the President or representative of the Philadelphia LGBTQ Bar Association, as designated by its board; the Chair or a representative of the Clifford Scott Green Chapter of the Judicial Council of the National Bar Association, as designated by its board; a member of the board of the Philadelphia Trial Lawyers Association, as designated by its board; and a member of the board of the Philadelphia Association of Defense Counsel, as designated by its board. Each individual appointed pursuant to this Section shall serve for a term of two (2) years, with a limitation of three (3) consecutive two (2)-year terms. Thereafter, the individual shall be eligible for reappointment to the Commission after a lapse of twenty-three (23) months from the expiration of the member’s term. Any individual designated pursuant to this Section must be a Voting Member of the Association in order to serve on the Commission.
3. 7.3.3 The following shall be the quorum requirements:
   1. 7.3.3.1 For the transaction of business other than that of determining whether a candidate is recommended for judicial office, a majority in number of the currently serving members of the Commission shall constitute a quorum. Notwithstanding the loss of a quorum, the members of the Commission present at a duly organized meeting can continue to do business until adjournment.
   2. 7.3.3.2 For determining whether a candidate is recommended for judicial office, including the actual vote of the Commission, a majority in number of the currently serving members of the Commission shall constitute a quorum.
4. 7.3.4 The Chair of the Commission shall be a Voting Member and be a member of the Commission and shall be named by the Chancellor on or before January 15 of each even calendar year to serve for a term of two years, but no person shall serve as Chair for more than four (4) years in succession. The Vice Chair of the Commission shall be a Voting Member and be a member of the Commission and shall be named by the Chancellor-Elect on or before January 15 of each even calendar year to serve for a term of two years, but no person shall serve as Vice Chair for more than four (4) years in succession. No person shall be appointed as Chair or Vice Chair of the Commission without having first served as a Commission member. The immediate past Chair of the Commission may serve as a non-voting member of the Commission and may attend meetings of the Commission during the two (2)-year term immediately following their term as Chair of the Commission.
5. 7.3.5 Vacancies in the appointed members of the Commission shall be filled by appointment of the Chancellor, with the approval of the Board.

7.4 Duties Of The Commission.

The Commission will have the following responsibilities:

1. 7.4.1 Judicial Appointment and Election.
   1. 7.4.1.1 Whenever an individual (other than a judge or justice seeking retention) is under consideration for appointment or election to a vacancy in judicial office in a court set forth in Section 7.2.1, the Commission shall investigate the qualifications of such person to hold such office and make such recommendations with regard thereto as may be appropriate, including recommendations to the public when an election is involved and to the legislature if confirmation of an appointment is required. If a candidate being investigated under this section is currently a judge or justice and is seeking a different judicial office, the Commission may, in addition to conducting a standard investigation as set forth in the Guidelines, take a poll regarding the qualifications of the judge or justice and consider the result of such a poll.
   2. 7.4.1.2 Whenever an individual is under consideration for an appointment or election to a vacancy in judicial office in a court set forth in Section 7.2.2, the Commission may, but shall not be required to, investigate the qualifications of such person for such office and make such recommendations with regard thereto as may be appropriate, including recommendations to the public when an election is involved and to the legislature if confirmation of an appointment is required. For purposes of this Section 7.4.1, the Commission shall only investigate candidates from Philadelphia.
   3. 7.4.1.3 The Commission shall not make a favorable recommendation with respect to any candidate for judicial office, including a candidate seeking retention, who fails to waive generally all claims of confidentiality the candidate may have, or had, with regard to any documents, information or files concerning matters before the Disciplinary Board of the Supreme Court of Pennsylvania, the Judicial Conduct Board and the Court of Judicial Discipline or any other similar body having jurisdiction over such candidate.
2. 7.4.2 Judicial Retention Election.
   1. 7.4.2.1 The Commission shall conduct an evaluation of the performance of any judge or justice who seeks retention in a court with which the Association is concerned and shall make public its decision as to whether such person is recommended for retention in such judicial office. The Commission may conduct an evaluation of the performance of any judge or justice who seeks retention in a court with which the Association may be concerned and shall make public its decision as to whether such person is recommended for retention in such judicial office. As part of its evaluation and prior to issuing its report, the Commission shall conduct a poll of licensed Pennsylvania attorneys, as provided by the Commission, concerning pertinent aspects of the performance of such judge or justice seeking retention. The results of such poll shall be considered by the Commission along with all other information which shall come before the Commission in its investigation and consideration of the qualifications of the candidate.
   2. 7.4.2.2 In order for an incumbent judge or justice to be found recommended by the Commission for retention, such judge or justice must commit to the Association in writing that, unless the Commission determines the judge or justice faces active opposition, the judge or justice will not, directly or indirectly, solicit contributions for such judge’s or justice’s campaign from attorneys.
3. 7.4.3 Interim Evaluations. The Commission may carry out interim evaluations of the judicial performance of judges in a court set forth in Section 7.2.1 as the Commission in its discretion deems advisable. The manner and frequency of such interim evaluations shall be determined by the Commission.
4. 7.4.4 Rules, Regulations & Guidelines. The Commission may adopt rules, regulations, and guidelines (the “Guidelines”) to govern its procedures, not inconsistent with these Bylaws.

7.5 Duties Of Members Of The Commission: Confidentiality And The Disclosure Of Conflicts Of Interest; Breach; Removal; Disqualification.

1. 7.5.1 No member of the Commission shall in any way make known the members’ intention to vote for or against any person to be considered by the Commission prior to the time of the meeting at which the vote on that candidate shall be cast.
2. 7.5.2 Except as provided in this Article, Commission members shall keep confidential and shall not disclose any action taken by the Commission and any discussions or statements made at a Commission meeting pertaining to the qualifications of any person whose name has been submitted to or has been considered by the Commission.
3. 7.5.3 Any allegation that a member of the Commission has violated the duty of confidentiality set forth in Section 7.5.1 or 7.5.2 shall be submitted to the Chair of the Commission. The Chair and Vice-Chair shall investigate the allegation and report their findings to the Chancellor, the Chancellor-Elect, and the Vice Chancellor. The Chair, Vice-Chair, Chancellor, Chancellor-Elect and Vice Chancellor shall conduct further investigation if they deem necessary and shall give the alleged breaching member the opportunity to be heard. If a majority of the individuals listed in this Section find that the allegation of breach of confidentiality has been substantiated and find that the breaching member should be removed from the Commission, the matter shall be presented to the Commission for a vote on whether the breaching member should be removed from the Commission. Prior to the matter being presented to the Commission, the alleged breaching member shall be notified and given the opportunity to voluntarily resign from the Commission. During the meeting in which the Commission considers this matter, the alleged breaching member shall be given the opportunity to be heard by the Commission but shall not be present for the vote. The member alleged to have violated the duty of confidentiality set forth herein shall be removed upon the vote of a majority of the Commission then present and voting. The decision of the Commission shall be final with no further right of appeal.
4. 7.5.4 No person who is seeking or being considered for appointment or election to any judicial or any other public office shall be eligible for appointment as a member of the Commission. Any member of the Commission who is seeking or being considered for appointment or election to any judicial office, or who authorizes the Commission to consider the member’s qualifications for judicial office, shall forthwith cease to be a member of the Commission and shall be ineligible for membership on the Commission for a period of two years thereafter. Any member of the Commission who becomes a candidate for any elective public office other than a judicial office shall forthwith cease to be a member of the Commission and shall be ineligible for membership on the Commission until the conclusion of the member’s candidacy for public office. A member of the Commission who is a judge or justice seeking retention may serve on the Commission in evaluating individuals who are seeking or being considered for appointment or election to a judicial office, but must recuse themselves during the evaluation of any judges or justices seeking retention. If the President Judge of the Court of Common Pleas or the President Judge of Municipal Court is disqualified from serving on the Commission under this subsection, they shall be replaced as set forth in Section 7.3.2.2. A designee member of the Commission appointed by an organization or agency pursuant to Section 7.3.2.3 shall be disqualified from voting or participating in Commission deliberations respecting a judicial office being sought by the ex officio member such person has replaced.
5. 7.5.5 Commission members shall recuse themselves or be disqualified from the consideration of any candidate if there is a conflict of interest that renders them unable to fairly evaluate the candidate. The Commission shall set forth Guidelines and procedures governing such recusals or disqualifications.
6. 7.5.6 Commission members shall certify in writing annually that they have reviewed this Article of the Bylaws and the Guidelines of the Commission; that they agree to comply with all requirements, including requirements of confidentiality and the disclosure of conflicts of interest; and that they commit to regularly attend meetings of the Commission during their term of service.

7.6 Cooperation With Pennsylvania And American Bar Associations.

In the case of any vacancy in a federal court or in the Supreme, Superior or Commonwealth Courts of Pennsylvania, the Commission shall, insofar as possible, cooperate with the Standing Committee on the Federal Judiciary of the American Bar Association and the Judiciary Committee of the Pennsylvania Bar Association, respectively, and may report to one or both committees any action taken or matters discussed by the Commission.

7.7 Vacancies.

1. 7.7.1 General provision. If a vacancy occurs on the Commission with respect to an individual appointed pursuant to the terms of Sections 7.3.2.3, 7.3.2.5, or 7.3.2.8, other than through the operation of Section 7.5.4, a replacement shall be appointed for the remainder the year or that individual’s term, whichever is longer, by the individual or entity authorized to make the original appointment. Vacancies in positions under Sections 7.3.2.6 and 7.3.2.7 shall be filled by appointment of the Chancellor with approval of the Board.
2. 7.7.2 Vacancies created by operation of Section 7.5.4.
   1. 7.7.2.1 If the District Attorney of Philadelphia, the City Solicitor of the City of Philadelphia; the Chief Defender of the Defender Association of Philadelphia or the Pennsylvania Attorney General personally is serving on the Commission and ceases to be a member of the Commission by reason of the application of Section 7.5.4, then the applicable entity or organization shall designate an alternate representative of appropriate rank and seniority by whatever means the entity or organization deems appropriate. If a designee of one of these individuals who has been designated to serve on the Commission pursuant to the terms of Section 7.3.2.3 ceases to be a member of the Commission by reason of the application of Section 7.5.4, then another individual may be designated to serve instead of that designee as a member of the Commission for the remainder of that term.
   2. 7.7.2.2 If a member of the Commission who represents a Division, Section or Committee of the Association, pursuant to Section 7.3.2.5 ceases to be a member of the Commission by reason of the application of Section 7.5.4, the vacancy shall be filled by appointment of the Chancellor, unless that Division, Section or Committee has one or more co chairs, in which event another Co-Chair shall serve on the Commission as provided in Section 7.3.2.5.
   3. 7.7.2.3 If a Lawyer Voting Member appointed pursuant to Section 7.3.2.6 or a non-lawyer ceases to be a member of the Commission by reason of the application of Section 7.5.4, then the Chancellor, with the approval of the Board, shall appoint a replacement to serve out the term of that member of the Commission.
   4. 7.7.2.4 If the Commission member serving as the representative of the organizations listed in Section 7.3.2.8 ceases to be a member of the Commission by reason of the application of Section 7.5.4, then the board of the applicable organization shall designate an alternative representative of that organization.