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Showing posts with label Jack Panella. Show all posts
Showing posts with label Jack Panella. Show all posts

Friday, November 01, 2013

Judge Jack Panella Needs Your Vote

Believe it or not, many years ago, a Northampton County judge ruled that I was a "credible" witness. Though his holding was only limited to the circumstances in a boundary dispute in which I was a title searching expert, but it made me feel very special. It's been downhill ever since. I hope this doesn't cost him the election, but that judge was none other than Jack Panella. He's seeking retention to the Superior Court, and i hope you can vote Yes for him next week. Several times.

Judge Panella is a rock star at the Northampton County Courthouse. When he drops by, everyone flocks to him, from President Judge to clerk. Though he's an appellate jurist, you'd never know it once the robe is off.

Lawyers tend to have a bad reputation because of assholes like me, who have engaged in unethical conduct and have had our tickets pulled. But there's an occasional crop of lawyers who represent the very best in that profession. Panella was in that group. After graduating, they teamed up and drove to Philly daily one summer in the same shitty car to study for the bar, scarfing hot dogs for lunch if they had money. This distinguished cadre of young men included John Morganelli (Northampton County DA), Jay Leeson (Bethlehem City Council), Phil Hof and Jack Panella (Superior Court Judge). They were all admitted to Northampton County's Bar together.

In this elite group of barristers, Panella excelled. He served as an assistant county solicitor, and was soon named County Solicitor, back when Gene Hartzell ran a very tight and happy ship in Northampton County. Panella was the youngest person ever named as the county's top legal eagle. He then became the second youngest person to serve as a Northampton County judge, being appointed to the bench in 1991.

During his days as a common pleas judge, Panella fell in love with running. "It saved my life," he tells me. If you run 5 ks anywhere in this state, you might be running with him. I remember driving with him and a collection of other lawyers like Mike Vedomsky, Danny Cohen and Phil Hof to run a ten mile race in Brooklyn one Sunday. Panella may have been a judge, but that day he was a runner.

Although he could stay on the bench forever in Northampton County, Panella is a scholar. So he decided to buck the odds and run for Superior Court. Amazingly, he won, and in 2004, he became an appellate judge.

Of fifteen superior court jurists, only Judge Jack Panella (Lehigh Valley) is from the eastern part of the state.

Being a superior court judge is a great honor, but it's also a lot of work. The judges literally ride the circuit. They spend one week each month in Pittsburgh, Harrisburg or Philly, sitting in three-judge panels to listen as lawyers argue that some lower court committed a legal error.

That's why the superior court is often called the court of second guess. It's where most appeals from a trial court are heard. The vast majority of the appeals filed last year, were from criminal convictions. Because the supremes are so reluctant to hear appeals, the superior court is usually the last bastion of hope for those seeking justice.

Panella told me he must write at least one opinion every day just to keep up with the workload. To give you an idea of what's involved, you must first sit down and read transcripts, a lower court opinion and the briefs filed by all sides to a dispute. Then you have to research the law yourself. It's almost as hard as blogging!

Panella has one piece of advice for lawyers arguing in the superior court - don't try to predict the outcome. "I'm almost always wrong when I try to guess how judges are going to decide something."

Panella would go on to run and lose in a Supreme Court race against Joan Orie Melvin, who was recently convicted of using state resources in support of her campaign. He was cheated out of the seat, but has no bitterness.

In addition to his work on the bench, Judge Panella has written several bench books to help trial judges.  He also schedules periodic lectures, and earleier this year, sponsored a fascinating lecture about the only time the United States Supreme Court exercised original jurisdiction and conducted a criminal trial for contempt of court. It did so in a case involving a Sheriff who turned his head the other way when an innocent black man was lynched and hung.

A vote to retain Judge Panella is not a vote for him. It is a vote for us all.

Thursday, June 20, 2013

One Great Judge Endorses Another

Superior Court Judge Jack Panella has every right to be bitter

But he's not.

He was defeated in a nasty election for the state Supreme Court by Judge Joan Orie Melvin, who cheated and used taxpayer resources. She's been tried, convicted and has resigned in disgrace. But instead of picking Panella to succeed her, Governor Tom Corbett has chosen the Superior Court's president Judge, Cory Stevens.

Instead of complaining, Judge Panella has sent a letter to The Express Times, unreservedly endorsing Stevens.  

Stevens, unlike Panella, is a Republican. Hard core, too. But like Panella, he's a great judge. In his time on the Superior Court, he has made strides to make the bench more transparent, conducting sessions at different colleges throughout the state. Earlier this year, Judge Panella headed one such panel at Northampton Community College.

Like Panella, he is also accessible. Although unable to discuss pending cases, he's as comfortable in a diner, drinking coffee with patrons, as he is in the rarefied atmosphere of a courtroom.

So despite their ideological differences, these two jurists have become good friends, genuinely admiring and respecting each other.

At a time when our judiciary has come under intense criticism, judges like Stevens and Panella exemplify everything that is right about our judicial system. I am delighted to see one of these class acts on the Supreme Court.

Tuesday, February 26, 2013

Superior Court Special Session at NCC to Honor Veterans

Boys & Girls Club Dean Young (L) and Judge Jack Panella (R) 
Earlier this moth, I attended a fascinating lecture at Lafayette College concerning the one and only time the United States Supreme Court has ever conducted a criminal trial. It happened in 1906, when a Chattanooga Sheriff thumbed his nose at a Supreme Court Order. Justice John Marshall Harlan intervened in the scheduled hanging of a black man who was convicted in state court of raping a white woman on evidence that was woefully inadequate. The Sheriff, a former Confederate soldier, would rather hand him over to the mob than a federal judge. And that's what happened.

Since there was no federal homicide statute at the time, the best feds could do was charge the Sheriff with contempt. He spent 90 days in federal prison for his involvement in the murder of a black man, and returned home to a hero's welcome in Chattanooga.

It might sound like a meaningless case to you, especially since the Sheriff only got 90 days, which he could do standing on his head. But it might be among the High Court's more significant rulings.

It was the first time a black lawyer was permitted to argue a case before the Supreme Court. It was the first time that the Supremes ruled that they have jurisdiction over claims that federal constitutional rights have been violated in state court proceedings.

This terrific lecture was sponsored by Superior Court Judge Jack Panella and Northampton County Judge Leonard Zito.

After bringing the law to Lafayette, Judge Panella is bringing it to Northampton Community College. Literally. This is no lecture, but an actual session of the Pennsylvania Superior Court, both today and tomorrow.

The state superior court is a 15-judge appellate court that hears appeals from county decisions. Although the Supreme Curt occasionally will review their decisions, that is rare So their decision is the final word in most cases.

It's an extremely busy bench that still rides the circuit. Judges bounce from Philadelphia to Pittsburgh to Harrisburg, and each jurist averages at least one opinion a day. But there are times when President Judge Cory Stevens (a coal cracker) will allow cases to be heard at colleges and county courthouses. And he's given Judge Panella permission to conduct a session, both today and tomorrow, at Northampton Community College's Lipkin Theatre.

Both court sessions will begin at 9 a.m. each day during which a panel of Superior Court judges will hear oral arguments on appeals from local civil, criminal and domestic trial court cases. Tuesday’s session will be preceded by a first-of-its-kind opening ceremony to honor veterans that will include a presentation of the colors and pledge of allegiance. It is open to the public.

Judge Jack A. Panella will be the presiding judge on a panel that will include Judge Cheryl Lynn Allen and Senior Judge William H. Platt. Judge Panella served on the Northampton County Common Pleas Court prior to being elected to Superior Court. Judge Platt served on the Lehigh County Common Pleas Court, where he used to scare the hell out of me. Judge Allen hails from Allegheny County Common Pleas Court, and won despite all odds.

“Honoring veterans is meant to acknowledge that our government — and especially our armed services — have fought to maintain the high standards of judicial freedom and independence that our Constitution requires,” Judge Panella explained.

I was invited, but unfortunately, I'll be in the court of first guess tomorrow in Northampton County.

Should I avoid the gallows, I'll drop in on Wednesday and try to give you all a first hand report.


Wednesday, February 06, 2013

Meet Jack Panella's Sister

Ann Marie and Jack Panella, brother and sister 
Superior Court Judge Jack Panella invited me to a lecture about lynching last night. Maybe he was trying to tell me something. He and Northampton County Judge Leonard Zito were the event sponsors of a terrific presentation by Mark Curriden, co-author of Contempt of Court. That's a book about a turn-of-the-century lynching that ultimately led to the one and only time our Supreme Court has ever conducted a criminal trial. Curriden spoke to a group of seventy people at Lafayette College's Kirby Hall of Civil Rights. The Boys and Girls Club of Easton also hosted the event, and Executive Director Dean Young manned the door. I tried to slip by, but got caught and had to cough up $5. After the riveting story, I also bought the book

In addition to District Judge candidates Antonia Grifo and Tim Prendergast, Easton Democratic activists Matt Munsey and April Niver were there. But the biggest treat for me was finally getting to meet Jack's sister, Ann-Marie Panella. She is a long-time Palmer Township Supervisor, which is one of the best-run local governments in the Lehigh Valley. When I asked her about that last night, she had nothing but praise for her fellow Supervisors. "We always try to do the right thing," she told me.

Panella was a power house in the private sector, working as VP for Human Resources for MCS Industries. But she gave that up recently for a job at the Children's Home in Easton. "I love it," she tells me, bragging that she was bringing some of these children to last night's lecture. And she appeared to enjoy herself thoroughly with her wards, who wanted to go home with her.

Judge Panella and his sister agreed to pose for a picture even though, as he pointed out, neither of them is running for anything this year.

Wednesday, February 03, 2010

Onorato Stiffed Judge Panella, Too

Last week, I told you that Allegheny County Exec Dan Onorato, who'd like to be your next Governor, promised DA John Morganelli all kinds of help in last year's race against Tom Corbett for AG. Since both Morganelli and Onorato are fellow Democrats, and it was well known that Corbett intended to do a swan dive from the AG's seat right into the Governor's mansion, it would only make sense that well-heeled Onorato would help. The enemy of my enemy is my friend, right?

Wrong. Onorato stiffed Morganelli. Three times, he lured the Democratic nominee for Attorney General for a six hour trip to Pittsburgh, where Morganelli would be greeted by empty hotels or promises that the checks are in the mail.

Now, Onorato is telling Capitolwire he made no promises to help Morganelli, who's just disappointed that he lost his AG race. In other words, the Northampton County District Attorney is being politely called a liar.

That's interesting because last year, there was another Lehigh Valley running for statewide office. Superior Court Judge Jack Panella was seeking a seat with the state supremes, and was opposed by Joan Orie Melvin, a judge who comes from Onorato's home turf in Allegheny County. According to campaign finance records, Onorato couldn't spare a nickel for his fellow Democrat.

I would never ask Judge Panella about this, but sources in his campaign tell me that Onorato made promises he failed to keep. Amazingly, Judge Panella could never get him on the phone. Imagine that!

Are you beginning to see a pattern?

As a candidate, Onorato is ignoring the Lehigh Valley. Although he has money to burn, he's ignored two excellent Democratic candidates for statewide office when their Republican opponents came from Allegheny County.

If that is how he acts as a candidate, what will happen to the Lehigh Valley if he becomes Governor?

Blogger's Note: Blogger comments enabled.

Wednesday, October 28, 2009

And Now For a Few Words From Don Cunningham

Did you know Don Cunningham works for Superior Court Judge and Supreme Court candidate Jack Panella? It's true.

I'm not talking about the person who'd like to remain in office as Lehigh County Executive for the next four years, but his dad. The Cunningham and Panella families have been close for years.

Why do I mention this? Because that's one of the chief reasons for two contributions that Don Cunningham the Exec made to the Pennsylvania Democratic party on October 5 ($22,000) and October 9 ($50,000), totalling $72,000.00. As Don explained in a conversation yesterday, it was never his intention to see that vast sum spent on two Commissioner candidates. And it's not what happened, either. In fact, only about half that sum is funding those local races.

Some of the remaining funds went to Don's own campaign, and the rest is intended to help the Lehigh Valley's Jack Panella, who is in a very tight Supreme Court race against Judge Joan Orie Melvin. A recent poll shows they are in a dead heat.

"I'd love to see a Supreme Court justice from the Lehigh Valley," Cunningham told me, but is very concerned. Melvin is a western Pennsylvania native, and is expected to win big there. Ordinarily, that would be offset by the huge Democratic edge in Philadelphia, but not this year. The City of Brotherly Love is expected to have a very low turnout. "There are no hot races, no mayor's race, and everyone there will be talking about the World Series," Cunningham noted. So if Panella hopes to become one of the Supremes, he needs a big win in the Lehigh Valley. He needs both a huge margin and a big turn out.

"I'll be honest, I intend to donate even more money to the state Democratic party." Even if some of the money goes to local candidates here or elsewhere, that will ultimately help Panella, Cunningham reasons. It makes sense. This is not so much about seizing control of the Lehigh County Board of Commissioners. That would be nice, but Cunningham's primary focus is electing Judge Panella to the Supreme Court.

Using the state party also gives him the biggest bang for his buck. In addition to cheaper mailing rates, they can "do things in bulk, and that enables you to do more for less."

Tuesday, October 06, 2009

The Orie Story

Joan Orie Melvin, a Pennsylvania Superior Court Judge, would very much like to be one of the seven Supremes sitting on our state's highest court. So for the second time in six years, she's running for an open seat, billing herself as a "strict constructionist." Together with sister Jane, a powerful and partisan state senator, the Ories are creating a family dynasty that blurs the separation of power that should exist between the legislative and judicial branch.

Sister Jane just happens to be a member of the judiciary committee. When another powerful state senator, Joe "special election" Scarnetti guaranteed he would personally raise $1.7 million for Melvin, she became in instant hit with the millionaires' club sometimes called the Republican State Committee. As Northampton County Bulldog Ron Angle, himself a state committeeman, puts it, "If anything rings a bell with those Republicans, it's money." She was hand-picked to run by the blue bloods. They turned their noses up at the alternative, Superior Court Judge Cheryl Allen. Allen could give them a black candidate, but the state committee prefers green.

Now, sisters Joan and Jane are steamrolling their way to election this November, even getting The Teamsters to make people understand the Orie Story. Only one person stands in their way - the son of a carpet roller. He's the Lehigh Valley's very own Jack Panella, himself a Superior Court Judge. Now I could fill this blog with all kinds of nice stories about Panella, but that's not the reason for this post. I want to tell you the Orie Story. I've written about her before, when she had no opponent, recommending against her retention on the Superior Court. I don't believe she longs on the bench at all, to say nothing of the Supreme Court.

Politically Ambitious

A Pittsburgh native, Melvin first managed to get herself appointed as a judge in 1990, filling a vacancy. At that time, she had only been practicing law nine years. The following year, as an incumbent, she was elected to a full term as a common pleas judge. But she never served that term. A mere seven years later, she was on the campaign warpath again, this time winning her current seat on the superior court.

During the time she spent traipsing across the state, picking up votes, she pretty much ignored her responsibilities as a common pleas judge. An investigative report by a team of eleven reporters at the Post-Gazette, cast a very public spotlight on a very unresponsive Melvin, a person who obviously considers her personal ambition more important than her work as a judge.
Melvin thumbed her nose at a six-week trial term because a pesky little jury trial might interfere with her quest to become an appellate judge. Her courtroom was "virtually shut down . . . for several weeks" while she "spent numerous weekdays out of town campaigning."

After stewing for a few years on this intermediate court, she decided to take a stab for a seat with the supremes in 2003. She and Democrat Max Baer engaged in a money war, spending an obscene $3.34 million over one seat on the state high court. This exceeds the total amount spent in all judicial races during the previous two years. Forty-three per cent of this money came from lawyers, a drastic increase from the ten percent total in the 2001 race.

Although the Code of Judicial Conduct clearly permits judicial candidates to speak out on issues, Melvin still refused to do so. Max Baer, who eventually beat her, said this during a televised debate. "I think you have a right to know what I feel, what I believe in, who I am." And he chastised Melvin for hiding her personal views during a televised debate with him, but expressing her views on tort reform and abortion in comments to Melvin-friendly audiences.

As I've mentioned, Melvin and her state senate sister, Jane Orie, are trying to create some sort of family dynasty. According to The Insider, these two sisters have a "well-known long-standing political feud" with fellow Republican Melissa Hart. "If Hart came out for light, the Ories would back dark."

Judges like Melvin prove Norco DA John Morganelli's point - "judges are probably the most political animals in the political and legal jungle."

Thin-Skinned

In addition to being a political animal, Melvin is fairly thin-skinned. She proved that through five years of quixotic litigation in two separate states over anonymous comments posted on a Pittsburgh-based political gossip site. An anonymous Allegheny County employee called "Grant Street 99" had criticized her "misconduct" in asking Governor Ridge to appoint someone she knew to a judgeship. I'm not sure how that even constitutes defamation, but I guess it must be per se defamation to criticize a superior court judge.

First, she sued in Virginia, trying to learn the identity of the anonymous cretin who had sullied her sparkling reputation. She got nowhere.

She had a little more success on her home field when she filed a second lawsuit in Allegheny County. But America Online branded Melvin's attempt at intimidation "an illegitimate use of the courts to silence and retaliate against speakers." And Witold Walczak, Executive Director of the Pittsburgh ACLU, noted the important role of anonymous speech in a democracy. "Not only did The Federalist Papers and Thomas Paine's Common Sense, both printed pseudonymously, change the course of American history, but evidence today suggests that anonymous Internet speech played a role in the collapse of the Soviet Union."

The state supreme court eventually agreed, and ruled Melvin had to prove financial loss before demanding the identity of her critic. "[G]enerally, the constitutional right to anonymous free speech is deeply rooted in public policy that goes beyond this particular litigation, and ... it falls within the class of rights that are too important to be denied review."

Thankfully, Melvin abandoned her legal bullying. Never admitting she had been wrong, her attorney claimed it would have taken too many years.

Incidentally, the anonymous critic lost his county job and an unlawful termination lawsuit.

Melvin Practices Government by Litigation

Now with her defamation suit out of the way, Melvin took politics by litigation to a new level by suing to demand that the state pay her less money. She lost that suit, too. Here's what one of those dastardly anonymous cyber-critics said. "[F]or a sitting judge to seek a court order barring the payment to her of a pay raise--a raise the Pennsylvania Supreme Court had already ruled could not constitutionally be repealed--is an abuse of the very judicial system she purportedly represents. I will certainly vote 'no' on her retention."

Gee, I hope she doesn't sue me.

Her Mean-Spirited Record From the Bench

Two years ago, Melvin had 139 written opinions online, 31 of which are concurring or dissenting opinions. These opinions, quite frankly, reveal a mean-spirited person who should not be sitting in judgment of anyone. In her little world, even juvenile adjudications would count as criminal convictions under the "three strikes" act. The fourth amendment protection against unreasonable search and seizure would be meaningless. An insurance company contractually required to pay for a building in disrepair would not be required to do so unless that building collapsed. A father who disciplines his daughter would be subjected to a PFA order. On appeal, she would make her own credibility determinations on witnesses she never saw or heard, forbidden territory for an appellate judge.

Conclusion

Melvin might be a gifted politician, but she's not a gifted judge. Her attempt at legal intimidation could be expected from a major corporation, but a slapsuit from a sitting judge is bizarre. And her second suit over the payraise is pure grandstanding. Her contrarian opinions reveal an utter lack of compassion. I'll have more about her campaign, hopefully later this week, assuming she does not have me arrested.

Monday, August 03, 2009

Panella Endorsed by AFL-CIO

Energetic Superior Court Judge Jack Panella, a much-admired former Northampton County jurist, continues to move forward in his race for an important seat on the state's evenly divided high court. On Friday, he received the coveted endorsement of Pennsylvania's AFL-CIO, which requires the approval of 2/3 of its executive council.

For more information about Panella's supreme court bid, visit his web page. He would be the first judge from Northampton County ever elected to our high court.

Tuesday, March 24, 2009

Judge Jack Panella Provides Update on Race For Supreme Court

Superior Court Judge Jack Panella, formerly a much-admired Northampton County common pleas judge, is running for the supreme court seat once held by retired Chief Justice Ralph A. Cappy. Every since launching his campaign an an inspirational speech at Larry Holmes Ringside Restaurant, Jack has had no rest. That's the way he likes it. He's one of the most energetic people I've ever seen.

Judge Panella was kind enough to include me in an email yesterday, and I'll share it with you.

"The last few weeks on the campaign trail have been a whirlwind and I wanted to take a moment to update you on our progress and to thank you for the support I have already received.

"My campaign has been going great so far. I won the endorsement of the Democratic Party and have picked up support from across the commonwealth, including just about every Democratic and labor organization that has reviewed the qualifications of candidates. You can visit my website to see a full list of the groups supporting me: votejackpanella.com.

"I was also given the Bar Association’s highest rating. They said I posses “a rare combination of intellect, energy and skills that qualify him as highly recommended to ascend to the Supreme Court.” I am deeply honored.

"We worked hard on petitions, and filed an enormous amount - I am very grateful to all of you that helped. I am always a bit superstitious and I don’t want to jinx myself, but given that I am the only Democrat that has filed for Supreme Court, I am pretty hopeful t hat I will be the nominee!

"Thank you for your kind support and encouragement. I will keep you informed on the progress of my campaign from time to time."

Tuesday, February 10, 2009

Why Orie Melvin Got GOP Nod for State Supremes

Over the weekend, state supreme court candidate Joan Orie Melvin received an endorsement from the millionaires' club sometimes called the Republican State Committee. Republicans claim their party is like a big umbrella with room for everybody, but party boss Rob Gleason warned committee members against rebelling.

How did Orie Melvin get the party nod? As you've probably guessed, Melvin is politically connected. Her sister, Jane Orie, just happens to be a state senator and a member of the judiciary committee. According to Ron Angle, himself a Republican state committeeman, state senator Joe Scarnetti guaranteed the big boys he would personally raise $1.7 million for Melvin. As the Northampton County Bulldog puts it, "If anything rings a bell with those Republicans, it's money."

Melvin first ran for Superior Court in 1997, and pretty much ignored her responsibilities as a common pleas judge. An investigative report by a team of eleven reporters at the Post-Gazette, cast a very public spotlight on a very unresponsive Melvin, a person who obviously considered her personal ambition more important than her work as a judge. Melvin thumbed her nose at a six-week trial term because a pesky little jury trial might interfere with her quest to become an appellate judge. Her courtroom was "virtually shut down . . . for several weeks" while she "spent numerous weekdays out of town campaigning."

She has already run and lost a bid for the supremes, back in 2003. Melvin and Democrat Max Baer engaged in a money war, spending an obscene $3.34 million. This exceeds the total amount spent in all judicial races during the previous two years. Forty-three per cent of this money came from lawyers, a drastic increase from the ten percent total in the 2001 race.

Outside the courtroom, Melvin spent five years of quixotic litigation in two separate states over anonymous comments posted on a Pittsburgh-based political gossip site. A group of John Does had criticized her "misconduct" in asking then Governor Ridge to appoint someone she knew to a judgeship. I'm not sure how that even constitutes defamation, but I guess it must be per se defamation to criticize a superior court judge. She eventually abandoned her litigation.

Amazingly, this is the Republican pick for the state high court.

Angle likes Superior Court Judge Cheryl Allen (no relation to William Allen) and even seconded her nomination. Allen was ignored by her party when she first ran for the Superior Court, but won anyway. "She's real, unlike the fakes, frauds and phonies" is how Angle explains his support.

I know one person who must be cheered by the news of Melvin's GOP endorsement. His name is Jack Panella.

Friday, January 23, 2009

Larry Holmes, Smokin' Joe Frasier Backing Judge Jack Panella in State Supreme Court Fight

Larry Holmes Ringside Restaurant, located in downtown Easton, was the setting for last night's first round in Judge Jack Panella's fight for the state supreme court. At least two hundred supporters crowded the bar, an impressive roster of local leaders that included Lehigh County Exec Don Cunningham, Bethlehem Mayor John Callahan, Easton Mayor Sal Panto, DA John Morganelli, Senator Lisa Boscola, Judge Leonard Zito, state representative Bob Freeman, former County Exec Jerry Seyfried, future Judge Sam Murray and future mini-judge Tony Sortino.

Judge Panella was delighted at the turnout. "You all showed up for me. I can't thank you enough."

Of all the luminaries, two stood out. Larry Holmes, the former heavyweight boxing champion known as The Easton Assassin, is still a giant of a man. He's impossible to miss. He was tending bar and sneaking drinks while his wife's back was turned. Sitting at the bar was none other than Smokin' Joe Frazier, who brought his devastating left hook from the City of Brotherly Love.

When Larry got up to introduce Judge Panella, he mentioned that he was once Smokin' Joe's sparring partner. "Joe broke my ribs. I didn't even know it. But I got my revenge. I beat up his son." (Holmes pummeled Marvis Frazier in a 1983 title bout). At this point, Frazier made his way to the podium, but since Don King was nowhere to be found, there was no fight.

When Panella first decided to be a judge, he mentioned his interest to his client, Larry Holmes. Larry was none too thrilled. "What the heck are you thinking? We won't be able to go to the bars or hang out anymore." But he ended up liking the idea, noting the similarities between a Lehigh Valley judicial candidate and heavyweight boxer. "You're going to get hell beat out of you and people will say you can't do it. But I did it. Not by myself. I can't do it myself. And neither can Jack."

After all the introductions, Judge Panella finally spoke for himself. For the first time, I saw the passion he hides so well on the bench. He talked about his parents. His dad, a big man, supported his family by rolling carpets, hard physical labor. After being stricken with a heart attack on the job, workmen comp "experts" persuaded a referee that his father was fine. Three months later, he was dead. Jack also mentioned his mom, who was there to see her son. Every day on his way to school, he would stop by his mom's shop to say hi, and was nearly always knocked over by the heat in which she was forced to work to make other people rich.

"Someone has to be there to protect your rights and to protect your access to the judiciary. If you want to know why I'm here, that's why I'm running for this job."

If Round One is any indication, Judge Panella is on his way to a knock out. His web page, Vote Jack Panella, is now up and running.

(Incidentally, if you've never been to Larry's restaurant, check it out. All the boxing memorabilia, by itself, makes the trip worth it.)

Thursday, January 22, 2009

Judge Jack Panella Will Launch Supreme Court Campaign Tonight

Superior Court Judge Jack Panella, formerly a much-admired Northampton County common pleas judge, will launch his campaign tonight for the supreme court seat once held by retired Chief Justice Ralph A. Cappy. He will make it formal with an announcement at Larry Holmes Ringside Restaurant in downtown Easton at 5:30 P.M.

Capitol Ideas' John Micek has a series of excellent articles concerning Panella's announcement, the judicial race landscape and the latest round of ratings from the Pennsylvania Bar Association.

In addition to his formal announcement, Panella will open his campaign headquarters in Bethlehem on the ground floor at 1 E. Broad Street, located at the intersection of New and Broad Streets. He told me today that the public is welcome to visit his HQs, and he'll try to make himself accessible to anyone who has questions. "We're the least understood branch of government," he explained.

Tomorrow, I'll detail some of Panella's many accomplishments. I learn something new every time I talk to him. Yesterday, in the course of discussing the judicial branch of government, he talked about and gave me a video explaining the different courts. When I looked at it, I discovered he wrote the narrative and conceived the idea. He also spoke of his desire to prepare a video explaining the history of Northampton County's courts.

If elected, he will be the first Northampton County judge ever elected to the state's high court. In giving Panella their highest evaluation - "highly recommended" - the PBA Judicial Evaluation Commission released this statement.

"The Candidate currently serves as a judge of the Superior Court, having been elected in November 2003. He previously served more than 12 years as a common pleas judge in Northampton County, and before that was a practicing attorney and county solicitor. He has served as a judge and President Judge of the Court of Judicial Discipline, where charges against judicial officers are heard, and as chair of the Judicial Conduct Board, which investigates claims of ethical misconduct against Pennsylvania judges and brings charges in meritorious cases. His service on the Commission for Justice Initiatives in Pennsylvania exemplifies his commitment to the improvement of the quality of justice. He is the principal author of an important bench book for Pennsylvania trial judges about crimes of sexual violence. His written opinions are crafted with clarity and precision. During his time on the bench, he has shown both sound judicial temperament and exceptional administrative ability. The Commission believes the Candidate possesses a rare combination of intellect, energy and skills that qualify him as highly recommended to ascend to the Supreme Court."

A link to his questionnaire is located here.

Thursday, January 15, 2009

Pa Bar Gives Big Thumbs Up to Jack Panella for State Supremes

Superior Court Judge Jack Panella has made no formal announcement of his intention to seek a seat with the state supremes. But thanks to John Micek's Capitol Ideas, we now know that Panella already has a "highly recommended" evaluation from the state bar association. That's the highest rating they can give. In layerese, that means he "possesses the highest combination of legal ability, experience, integrity and temperament and would be capable of outstanding performance as a judge or justice of the court for which he/she is a candidate."

How does the PBA know Panella is running without an official announcement? Way back in September, Express Times Reporter Michael Buck reported Panella's interest. And in November, super blogger John Morgan, of Pa Progressive, stated Jack would be seeking a seat on the state high court.

Wednesday, January 14, 2009

Jack Panella Weighing Bid For State Supreme Court

From time to time, there's a crop of lawyers who represent the very best in that profession. The harvest that produced John Morganelli (Northampton County DA), Jay Leeson (Bethlehem City Council), Phil Hof and Jack Panella (Superior Court Judge), must have been a good one. After spending the summer driving the same shitty car to Philly every day to study for the bar, scarfing hot dogs for lunch if they had money, they were all admitted to Northampton County's Bar together.

They all excelled, but Superior Court Judge Jack Panella is in a class by himself. He is the youngest person ever named to serve as County Solicitor and is the second youngest person to serve as a judge, having first been appointed in 1991. Popular and smart, Panella could have stayed there forever. But Panella, who is actually a legal scholar, bucked the odds and ran for Superior Court in 2003. Although western Pennsylvania has a lock on most appellate judgeships, Jack won.

These judges literally ride the circuit. They spend one week each month in Pittsburgh, Harrisburg or Philly, sitting in three-judge panels to listen as lawyers argue that some lower court committed a legal error. His heavy workload requires him to write at least one opinion every day.

Last March, when Judge Panella dropped by the courthouse for lunch, the place erupted. People would stop what they were doing, walk over and hug him. Deputy sheriffs, defense attorneys, prosecutors, judges, maintenance staff and even lowly title searchers were thrilled to see him, and he repaid their warmth with his own. As word circulated that Panella is in the house, the cafeteria became very crowded.

Guess what? Next week, I'll be having lunch with him at the courthouse cafeteria again. It is no secret that Panella is being urged to seek a seat on the state supreme court. I can think of no better person and will be asking Judge Panella his intentions. I hope I'll be giving you some good news.

Wednesday, March 05, 2008

Superior Court Judge Jack Panella - An Appealing Appellate Jurist

I had a rare opportunity to interview Superior Court Judge Jack Panella on Friday. He was at the courthouse to deliver copies of his Sexual Violence Benchbook, and we sat down for lunch in the cafeteria.

Panella is like a rock star at the Northampton County courthouse. People warm up when they see him, and he responds in kind. "I miss everyone here so much," he told me and everyone else.

That's one little way in which Judge Panella and I are different. When people ask him how he's doing, he answers "I'm the happiest person in the world." When they ask me, I respond "None of your frickin' business."

Although I never noticed it at the time, there was definitely something wrong with my law school graduating class. We were a motley crew. One of my classmates just gave up his license one day and started searching titles in Lehigh County. And he had nothing to worry about because he worked for the Disciplinary Board. But his fellow grads did, and were reeled in, one by one. At least ten of us, including me, have been disbarred or suspended over alcohol and drug abuse.

The most nefarious of us all was then state senator Budd Dwyer. When this state legislator attended law school, he never looked down his nose at us. He was a little older and always dressed in suit and tie, but I remember him as a kind and slightly quiet guy. He helped a lot of us land part time jobs in the land of midnight payraises. I worked for the state PUC and AG, and had absolutely no idea what I was doing at either place, but the money was good. After we had all graduated and were off committing felonies, misdemeanors and malpractice, Dwyer became state treasurer. But he was as crazy as bed bugs, just like the rest of us. He's the dude who blew his brains out before five television cameras one day instead of pleading guilty to one count of bribery.

He went out with a bang - literally.

Needless to say, my former law school does not solicit my class for contributions.

Just as my group was a collection of misfits, there's an occasional crop of lawyers who represent the very best in that profession. After graduating, they teamed up and drove to Philly daily one summer in the same shitty car to study for the bar, scarfing hot dogs for lunch if they had money. This distinguished cadre of young men included John Morganelli (Northampton County DA), Jay Leeson (Bethlehem City Council), Phil Hof and Jack Panella (Superior Court Judge). They were all admitted to Northampton County's Bar together.

In this elite group of barristers, Panella excelled. He served as an assistant county solicitor, and was soon named County Solicitor, back when Gene Hartzell ran a very tight and happy ship in Northampton County. Panella was the youngest person ever named as the county's top legal eagle. He then became the second youngest person to serve as a Northampton County judge, being appointed to the bench in 1991.

During his days as a common pleas judge, Panella fell in love with running. "It saved my life," he tells me. If you run 5 ks anywhere in this state, you might be running with him. I remember driving with him and a collection of other lawyers like Mike Vedomsky, Danny Cohen and Phil Hof to run a ten mile race in Brooklyn one Sunday. Panella may have been a judge, but that day he was a runner.

Although he could stay on the bench forever in Northampton County, Panella is a scholar. So he decided to buck the odds and run for Superior Court. Amazingly, he won, and in 2004, he became an appellate judge.

Of fifteen superior court jurists, only Judges Jack Panella (Lehigh Valley) and Corry Stevens (coal regions) are from the eastern part of the state. "We need more balance," laments Supreme Court Justice Seamus McCaffery.

Being a superior court judge is a great honor, but it's also a lot of work. The judges literally ride the circuit. They spend one week each month in Pittsburgh, Harrisburg or Philly, sitting in three-judge panels to listen as lawyers argue that some lower court committed a legal error.

That's why the superior court is often called the court of second guess. It's where most appeals from a trial court are heard. The vast majority of the 8,201 appeals filed last year, were from criminal convictions. Because the supremes are so reluctant to hear appeals, the superior court is usually the last bastion of hope for those seeking justice.

Panella told me he must write at least one opinion every day just to keep up with the workload. To give you an idea of what's involved, you must first sit down and read transcripts, a lower court opinion and the briefs filed by all sides to a dispute. Then you have to research the law yourself. It's almost as hard as blogging!

Panella has one piece of advice for lawyers arguing in the superior court - don't try to predict the outcome. "I'm almost always wrong when I try to guess how judges are going to decide something."

Over the past three years, Panella has been writing a book for judges and lawyers - a benchbook - at the request of the Pennsylvania Coalition Against Rape. As he explained things to me, a similar benchbook has been used by Michigan judges, and they reported it is very helpful. So Panella undertook the daunting task of assembling caselaw and statutes concerning the panoply of sexual offenses and their consequences. Each judge will be provided with both a CD and a three ring binder benchbook that can be easily updated as the law evolves. This enables a judge to make a quick ruling from the bench when a legal issue arises. Because cases involving sexual offenses are sensitive, a handy reference like this is long overdue.

During the course of writing this tome, Judge Panella said his biggest surprise was how quickly Pennsylvania legislators react when someone points out a problem. "Nobody ever says anything nice about them. Regarding this area of the law, the legislature is very responsive."

Now that Panella has completed his three-year project, I hope this Lehigh Valley judicial scholar gives some thought to running for the state supreme court, which would benefit from his combination of intellectual acumen and ready accessibility.

People said he was too young to be county solicitor. He wasn't. They said he was too young to be a judge. He was one of the best. They claimed no Lehigh Valley resident could get elected to a state appellate court. He proved them wrong.

I hope Judge Panella considers the state supreme court, not for his sake, but for ours.