An American Law Journal feature on “The Cost of the Pennsylvania Supreme Court Scandal and Judges Behaving Badly” includes interviews of guests including Lynn Marks of Pennsylvanians for Modern Courts, a Justice at Stake partner group.
“The porn emails got the headlines,” says Marks, referring to the latest scandal (see Gavel Grab), “but that was just the tip of the iceberg.” PMC is advocating for a switch from judicial elections to merit selection of judges in Pennsylvania. A Legal Intelligencer article about the show is available through Google.
Former Pennsylvania Supreme Court Justice Joan Orie Melvin has dropped her appeal and has begun serving her sentence, according to an article by the Associated Press. Her sentence on public corruption charges includes sending apology letters to other state judges and three years of house arrest. (For more background see Gavel Grab.)
Melvin has submitted drafted apology letters, but has been met with contention by District Attorney Stephen Zappala Jr. “[A]ttempting to deflect blame for her actions to members of her staff can hardly be considered an apology,” Zappala said. His concerns deal with a specific paragraph in Melvin’s draft that reads, “In reflection, I wish I had been more diligent in my supervision of my staff and that I had given them more careful instructions with respect to the prohibition on political activity.” Zappala has forwarded his comments to the sentencing judge, but no response has been received.
Melvin was convicted of using her judicial staffers, who are paid with taxpayer money, for her own state Supreme Court campaigns. This scandal involving the court has been quickly followed by another which resulted in the resignation of Justice Seamus McCaffery, leading some to question the process of electing judges.
The sudden retirement this week of Pennsylvania Supreme Court Justice Seamus McCaffery, who was dragged down by a pornographic email scandal, and the upcoming age-required retirement of Chief Justice Ronald Castille will create two openings on the court to be filled temporarily by gubernatorial appointment.
All told, three open seats on the seven-member court will be up for election next year and a “stampede” of high court candidates is expected to run, the Associated Press reported. Meanwhile, Justice McCaffery’s retirement may leave the state Supreme Court without a tie-breaking vote for the rest of 2014.
There have been numerous calls for a switch to merit selection of top judges in the wake of the recent scandal (see Gavel Grab). In one of the latest, a Pittsburgh Post-Gazette editorial declared, “Where’s the merit? Another bad justice leaves the state’s top court/And it’s time to say good riddance to the system of electing judges in Pennsylvania.”
Allegations of wrongdoing are threatening to cast a cloud over the Pennsylvania Supreme Court. One justice, Seamus McCaffery, “acknowledged sending sexually explicit messages from a personal account,” the Philadelphia Inquirer reported, and a divided court is weighing action.
There’s more to the messy and still-unfolding story. Justice McCaffery has labeled a push for his suspension by Chief Justice Ronald Castille as part of a “vindictive pattern attacks” on McCaffery, according to the Inquirer.
And Justice J. Michael Eakin, the Inquirer said, “was shown to have been sent pornographic and racially tinged e-mails on an anonymous private account”; the article said Justice Eakin “reported himself to the Judicial Conduct Board.” He “accused McCaffery of threatening to release the sexually explicit emails in Read moreNo comments
Justice Seamus P. McCaffery of the Pennsylvania Supreme Court is under FBI investigation, a Philadelphia Inquirer article said. At issue is the payment of referral fees to his wife, Lise Rapaport, who has been his chief aide for “most of the past 16 years,” the newspaper said.
She made referrals to personal-injury firms, the Inquirer reported. Separately, it said a federal investigation of the Municipal Court in Philadelphia is in progress.
A lawyer for Rapaport and for Justice McCaffery labeled as “complete nonsense” the idea that there was a federal investigation and said Justice McCaffery has not done anything that was improper.
Ex-Justice Joan Orie Melvin of the Pennsylvania Supreme Court recently was sentenced to three consecutive one-year terms of house arrest. She was convicted of corruption in the conduct of her two campaigns for the high court (see Gavel Grab).No comments
Pennsylvania Supreme Court Justice Joan Orie Melvin submitted her resignation on Monday. The justice, who was suspended earlier from the court, was convicted by a jury last month of public corruption charges arising from two Supreme Court campaigns.
Justice Melvin said she intends to pursue an appeal of her conviction. “In the meantime, however, the citizens of Pennsylvania deserve a fully-staffed Supreme Court,” she wrote in her resignation letter, according to a Pittsburgh Tribune-Review article.
She was facing possible impeachment proceedings in the Pennsylvania House. Her resignation is to become effective May 1.
Following her conviction, calls have risen for Pennsylvania to switch from partisan elections to an appointive selection system for choosing judges. To learn about four former governors endorsing the appointive path, see Gavel Grab.No comments
Chief Justice Ronald D. Castille of the Pennsylvania Supreme Court, who will turn 70 next year, will seek retention election despite a rule requiring retirement at that age. The rule is facing a challenge in court.
A Philadelphia Inquirer article about Justice Castille’s plans went further to frame them in a context of possible sweeping change for the court. As many as six of its seven justices could depart within eight years if the retirement age is not changed and if a suspended justice who faces criminal charges, Joan Orie Melvin, is removed.
“It would be a real sea change,” said Lynn A. Marks, executive director of Pennsylvanians for Modern Courts, a JAS partner group.
While organized opposition to Justice Castille is not expected, he is concerned that he might have to put time into campaign fundraising for the first time, given the increased politicization of high court elections.No comments
Pennsylvania’s Supreme Court heard vigorous oral arguments on Thursday over the constitutionality of a controversial state law requiring voter identification at the polls.
State courts have become a hot new battleground for foes of voter-identification laws, and given the stakes in a presidential election year, the oral arguments in Pennsylvania drew national media attention.
“The outcome of Thursday’s hearing could have significant consequences to the November elections as opponents of the law argue that it disproportionately affects racial minorities and other groups that favor president Obama,” CBS News reported.No comments
The numbers are in and, as expected, Pennsylvania has broken its own fundraising records. Four candidates – Democrats Seamus McCaffery and Debra Todd and Republicans Mike Krancer and Maureen Lally-Green — for two open seats on the Pennsylvania Supreme Court raised a combined total of $6,670,538. Each candidate raised well over one million dollars for the contests, which were held this November.
Pennsylvania is drawing attention as at least 16 well-connected state actors begin to vie for three Supreme Court seats, the most vacancies since the court’s inception in the 18th century.
An extensive piece on philly.com describes the political atmosphere as the candidates – including a union leader, wife of a former state Senate President, and a handful of Superior Court judges – try to differentiate themselves from the pack. That task is bound to pose issues, because state ethics rules prohibit the candidates from making campaign promises or commenting on issues likely to come before the court.