OP-ED: Do due diligence before casting your votes
The 2025 Washington County general election features many county, municipal, and school board races. These contests are important for the continual functioning of governmental and public services affecting daily life. But the “VOTE NO” and “VOTE YES” yard signs appearing throughout the county signify that there also is a judicial retention election this year.
Retention elections, as they are formally known, are required by the Pennsylvania Constitution for all courts in the commonwealth. The retention system is designed to be nonpartisan and politically neutral so that judges do not have to engage in political campaigning against other candidates. Not only would that distract them from their duties, but it potentially would demean the judicial branch by inviting or encouraging unethical conduct. Thus, judges are elected to a 10-year term and as their terms expire they are held accountable to the voters with a simple vote of “Yes” or “No,” based on their records and performance in office.
This year, justices of the Pennsylvania Supreme Court, judges on Pennsylvania Superior Court and Commonwealth Court, and Judge John DiSalle of the Washington County Court of Common Pleas are up for retention.
While ubiquitous political signs can provide name recognition and a sense of electability for a candidate, that boost is missing in a judicial retention election when a sign says “VOTE YES” or “VOTE NO” and nothing else. The signs do not identify the judges by name and say nothing about their records or performance to educate your choice. Importantly, they do not tell you what happens should their message prevail.
The fact is that a “YES” vote means that the judge will serve another 10-year term (the exception being Pennsylvania Supreme Court Justice Christine Donohue who would reach the mandatory retirement age of 75 in 2027). A “NO” vote ends the judge’s time on the bench. The governor then appoints a temporary replacement subject to approval of the state Senate, with the election for a replacement to serve a 10-year term being held in 2027. The ongoing budget impasse in Harrisburg should give any Pennsylvania voter pause about submitting the judicial selection process to our legislature for a quick confirmation.
Fortunately there are independent resources available to you to assess the judicial candidate’s records, such as SpotlightPA.org. And you can visit the nonpartisan PAVoteSmart.org where the Pennsylvania Bar Association evaluates the qualifications of judicial candidates and assigns ratings of “Recommended,” “Highly Recommended,” and “Not Recommended.” Elsewhere you can find the results of the Washington County Bar Association’s poll of its members concerning retention of Judge DiSalle. We encourage you to visit these resources.
Of late, the Rule of Law in our country has lamentably become a two-edged sword, with justice depending on who is brandishing it. It is important that we have dedicated, independent judges who are unswayed by threats, intimidation, insults, and politics. Judges take the time and effort to explain their reasoning in their written opinions, laying it out for you to read and understand. We owe it to them to evaluate both what they say and how others judge them so that our “YES” and “NO” votes will be informed.
Cary D. Jones is a Washington attorney and a member of the Washington County Bar Association.
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