In Philadelphia, there’s a little-known shortcut to the bench called the “magic seat.” These are judicial vacancies that appear when sitting judges quietly withdraw from retention elections. The Democratic City Committee (DCC) is then empowered to hand-pick replacements who are automatically added to the general election ballot.
Each of our organizations have long supported merit selection of judges, but our system of electing judges remains. While we will continue to advocate for merit selection, electing judges only works when voters and the organizations they trust have the chance to fully evaluate candidates. Magic seats sidestep voters’ opportunity to evaluate candidates for important roles.
This year, three judges stepped down — two from the Court of Common Pleas and one from Municipal Court. The DCC nominated Joseph J. Russo, Jennifer Santiago, and Michael Parkinson to fill those slots.
Unlike candidates who slog through crowded primaries, raising money, campaigning, and earning public trust, magic seat nominees face no requirement to campaign. They can, and should, introduce themselves to voters — but too often, they don’t. In a city dominated by Democrats — where this year there are no Republican challengers — these candidates are virtually guaranteed a 10-year term with a $212,495 annual salary. And because retention defeats are rare, most will stay until they choose to step down.
That should give all of us pause. Judicial candidates who never campaign or introduce themselves to voters avoid the transparency and accountability that Philadelphia has worked hard to build into our election system. Recent elections show voters want and demand qualified judges. Over the last four cycles, only Philadelphia Court of Common Pleas candidates rated “Highly Recommended” or “Recommended” by the Philadelphia Bar Association’s Commission on Judicial Selection and Retention have prevailed. In fact, voters have bucked the old belief that ballot position or campaign fundraising dictate results, consistently elevating the most qualified candidates while leaving “Not Recommended” candidates behind.
Magic seats sidestep voters’ opportunity to evaluate candidates for important roles.
For more than 40 years, the Bar Association’s Judicial Commission — alongside Pennsylvanians for Modern Courts and the Committee of Seventy — has supported the investigation of candidates and offered nonpartisan ratings to guide voters. The Judicial Commission has candidates complete questionnaires, establishes an investigative team which interviews references and is composed of a diversity of attorneys, judges and community members. That process has strengthened trust in our courts.
This year, the DCC’s choices for two of the three magic seats were already rated “Recommended,” showing how often the party’s instincts and the Commission’s work align. Building on that alignment would only strengthen voter confidence.
The good news is the groundwork is already laid. The Judicial Commission has a ready list of highly qualified candidates not currently on the bench. Affinity bar associations representing attorneys of color, LGBTQ+ attorneys, and others are eager partners in creating a judiciary that mirrors the city it serves. By drawing on this broad base of expertise, DCC can ensure every magic seat nominee is not only electable, but also highly qualified and reflective of Philadelphia’s diversity.
Judges may not be household names, but their decisions shape everything from voting rights to education funding to reproductive freedom. The stakes could not be higher. The Democratic City Committee has a unique opportunity to modernize the process for filling magic seats, set a new standard for transparency, and demonstrate its commitment to voters who care deeply about the quality of our courts.
Merit selection remains the goal, but until that becomes a reality, voters can uphold the integrity of our courts by following the Bar Association’s independent recommendations.
Katayun I. Jaffari is Chancellor of the Philadelphia Bar Association. Lauren Cristella is President/CEO of Committee of Seventy. Deborah Gross is President of Pennsylvanians for Modern Courts.
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