Judge McFadden To Step Down After 31 Years

I've known Judge F.P. Kimberly McFadden a very long time. We became lawyers around the same time, and my first interaction with her was when she was serving as a clerk to the late and great Clinton Budd Palmer and I was defending the owner of the then Peacock Hotel for after hours sales. That was my first case and my first win. I should have quit while I was ahead. McFadden would go on to bigger and greater things while I became a frequent customer at the Peacock and numerous other establishments. Despite my problem, McFadden was always gracious to me and never once looked down her nose at me. Despite her stern demeanor on the bench, she has always had a gentle heart. That's why I'm sad to tell you she's stepping down from the bench after 31 years.

Judge McFadden was up for retention in November. But yesterday, she notified Governor Tom Wolf of her withdrawal from the retention election. She also advised she would be resigning, effective November 30.

She's a graduate of Bryn Mawr College (1974) and received her Juris Doctor degree from Villanova University in 1978.

After her appointment to the bench in 1988, she was elected in 1989 and retained in 1999 and 2009.

In recent years, she has been plagued by health issues, but was so efficient that she did more in two hours than most judges can do in a full day. Her absence will be felt by her fellow judges.

Is it possible that an election can be held this November to determine McFadden's successor?

Based on a cursory reading of state election law, I think so. A judge who previously filed a declaration of candidacy for retention can revoke it so long as she acts within sixty (60) days preceding the municipal election. (See Section 978.3), At this point the political parties can choose a candidate so long as they do so within fifty (50) days prior to the election. (See Section 993).

A contested judicial race in this municipal election will certainly wake up sleeping voters. If my reading is incorrect, the race will be delayed until 2021. That race will also include the county executive and five at-large Council seats.