(Kathleen Kane Theme Song)
The way to test a person's right to hold wlwcted office is by an action called a quo warranto. Those are brought by the Attorney General or a District Attorney. Obviously. Kathleen Kane is not going to be suing herself any time soon. But what about the DAs? Here's what NorCo DA John Morganelli has to say.
A few weeks ago, I was contacted by a high ranking person in the OAG and asked if I would consider bringing a Quo Warranto action to remove AG Kathleen Kane from office. Under Pennsylvania law, generally, only a district attorney or the attorney general has the legal standing to bring such an action that seeks to remove a public official from office who no longer has the legal qualifications to hold such office. I found it alarming that high ranking OAG people thought things were so bad that they openly were looking to have a coup regarding their boss. Since then, however, the situation has gotten worse. In my 24 years as District Attorney, and my 35 years as a lawyer, I have never seen anything like this. We have accusations of criminal conduct against the AG. Counter charges by the AG of criminal conduct against judges and internal revolt by top OAG officials against their boss. There have been calls for a federal investigation, and calls for independent prosecutors to try to find out what is actually going on.
The OAG is dysfunctional at this point. It is a mess , and damage is being done to the foundation of Pennsylvania's criminal justice system. Public confidence in the OAG as well as in our judges and courts are being eroded. I never imagined it could get so bad. Although Ms. Kane continues to have the right of due process relative to the charges against her, it is imperative that this matter come to a conclusion as quickly as possible.
John Morganelli is Pennsylvania's senior district attorney. He is past president of the Pennsylvania District Attorneys Association and was the Democratic candidate for attorney general in 2008.