LV Dems Rally For Supreme Court Candidate Kevin Dougherty

Local Dem officials backing Judge Kevin Dougherty

Philadelphia Judge Kevin Dougherty is a candidate for the Pa. Supreme Court. Elected in 2001, I had heard he is a reformer who has revamped Philadelphia's challenging Family Courts, making that county a model for the rest of the state. I also liked his emphasis on problem solving courts like a veterans' court.

I met him speak before the primary and became an instant fan. I love his explanation of his role as a judge. He views it as "serving the most at-risk and marginalized, the poor and working poor. The average day individual who walks our streets and roads in the desire and hope that they may be safe, in and outside of their home. Each day, every day, we see the worst that life can offer our families and children. Each day, every day, we have a vision, and we implement that vision so that we have a period or a series of accomplishments and successes which advance the health and welfare of our families."

When invited to a rally for him early last night at his Westgate Mall campaign HQs, I attended.

Though he obviously has an Irish name, I was unaware until today that he is first generation Irish. Don't tell Morganelli, but both his parents came here from the old sod. He grew up on the streets of South Philly.in what he called the Irish ghetto, though it's really a blue collar neighborhood.

Being Irish makes one the Universal Minority. We are the Jews of the Irish Sea, the blacks of the British Isles, the Mexican gardeners of English country estates. In short, we know what it is like to be treated like shit, although most of us start putting on our own airs pretty quickly.  

Dougherty is the first member of his family to get a college and then a law degree, but his real education was on the streets. That helped him as a prosecutor under Lynn Abraham, and even more when he became a judge dealing with juveniles.

Like judicial candidate Sam Murray, Dougherty also spent a few years as a Master in juvenile court.

He was particularly tough on kids who went on rampages with Flash Mobs, where they might meet in an area of Chinatown or on Washington Street's Vietnamese area and terrorize minority businesses. For every lie a juvenile told him, he would go away a year.

He also got a handle on truancy by forcing parents to attend lectures on parental responsibility. ... Or they could go to jail.

Some have criticized Dougherty because he is from Philly. "I had no choice in where I was born," he joked. "That was a decision made by my parents."

Others, mostly anti-union types, are critical because Dougherty's brother, known as Johnny Doc, is a prominent labor leader who heads up IBEW Local  98. Close to 40 trade union members were at Dougherty's rally yesterday. He considers their support a badge of honor.

Numerous local officials and labor leaders were with Jodge Dougherty, including NorCo DA John Morganelli, State Senator Lisa Boscola and State Rep Dan McNeill.

"He really wants to make a difference in people's lives," said Boscola. Morganelli added that Dougherty is very tough on violent crime, but willing to give deserving people a second chance. Danny McNeill called Dougherty the "best candidate I ever say in my whole life," and then embraced him in a gigantic bear hug

Dougherty's funeral services are on Wednesday.

Justice Corry Stevens 10-Point Plan to Improve Judicial System

Justice Correale Stevens has always been one to swim against the tide. During his days on the Superior Court, he and fellow Judge Jack Panella began reaching out to the public with court sessions conducted at local colleges. Both are great believers in transparency.

When Justice Stevens was elevated to the state's highest court, Chief Justice Ron Castille lauded him:

"He brings a wealth of experience from the executive and legislative branches and from his recent service as president judge of Pennsylvania’s Superior Court. The transition to the Supreme Court will be difficult because it is a different court than the one he has been serving and the learning curve will be long and steep. But I know Judge Stevens will approach his new assignment with the same commitment and determination that he has brought to all of his professional challenges."

Against his own party's wishes, Justice Stevens believes he deserves election to the Pennsylvania Supreme Court. So do I. Below is his 10-point plan to improve our judicial system:

1. Direct for appropriate oversight, accountability and periodic review of all Court-appointed boards, committees and speciality courts without interfering with their ability to perform their duties in an autonomous, independent manner.
2. Direct the Appellate Rules Committee to obtain public input and draft a Rule permitting members of the media to use electronic devices, such as laptops, to email and text from the courtroom during trials and to open the courts to televising proceedings, all of which will promote openness.
3. Direct that all appellate courts hold occasional argument sessions in schools, on college and law school campuses as well as in counties across the state and to allow television coverage of those sessions, which will give members of the public an opportunity to see their courts in action.
4. Direct that the judiciary promote and work to improve equal access to justice.
5. Direct that all members of the judiciary have ethics training.
6. Direct that all appellate court judges regularly provide continuing legal education programs to lawyers and work closely with the Pennsylvania Bar Association and local bar associations.
7. Direct that all appellate court memos, as well as opinions, be posted online for public access.
8. Direct regular court education programs with participation by judges for child advocate organizations, victims rights groups, crime watch and other community groups.
9. Direct the judiciary promote and maintain appropriate, professional contact with the Legislative and the Executive branches of government while maintaining its judicial independence.
10. Direct and promote continued positive relationships between the Supreme Court and the county courts and magisterial district judges.

Stevens believes that all areas of the court system, whether it be conduct of judges, administrative matters, reporting of cases, using technology, courtroom demeanor, and the administration of justice in Pennsylvania must continually be open to review, discussion, input and change.

Morganelli Endorses Judge Kevin Dougherty for Pa Supreme Court

Philadelphia Common Pleas Judge Kevin Dougherty's bid for one of three seats on the Pennsylvania Supreme Court was endorsed yesterday morning by Northampton County DA John Morganelli. Standing before a group of prosecutors, Morganelli called Judge Dougherty his "first choice."

There are a lot of similarities between them, something they both noted. Both come from working class backgrounds and were the first in their families to attend college. Both dealt with blue collar families, whether in South Philly or South Bethlehem. Both have distinguished themselves in their profession. Morganelli is now Pennsylvania's most senior District Attorney, while Judge Dougherty is the Administrative Judge for the Trial Division in Philadelphia's busy Court of Common Pleas.

DA John Morganelli

Judge Dougherty, who was first elected in 2001, has also presided over Philadelphia's Family Court, where his reforms made Philadelphia a model for the rest of the state. According to Morganelli,

His work has made the streets and schools safer, led to fewer children being placed or burdened with criminal records for life, and streamlined day-to-day operations of the court system by helping to consolidate Family Court’s antiquated, scattered facilities into one modern courthouse. He has been widely recognized as a foremost expert on juvenile justice and judicial administration, and has been appointed to serve on numerous boards, committees, and commissions dealing with these subjects.

Judge Kevin Dougherty

Judge Dougherty explained that, both as a prosecutor and as a judge, he has viewed his role as

"serving the most at-risk and marginalized, the poor and working poor. The average day individual who walks our streets and roads in the desire and hope that they may be safe, in and outside of their home. Each day, every day, we see the worst that life can offer our families and children. Each day, every day, we have a vision, and we implement that vision so that we have a period or a series of accomplishments and successes which advance the health and welfare of our families.

Pa. Supremes: "False Confession" Experts Inadmissible

Bucking a trend in other jurisdictions, a divided Pennsylvania Supreme Court today decided that the use of experts who pontificate that a Defendant's confession was falsely induced by police, is inadmissible. Speaking for the Court, Jutice Seamus McCaffrey called it an "impermissible invasion of the jury’s role as the exclusive arbiter of credibility." It's a 4-2 decision with two concurring opinions, along with a dissent.

In this case, a Defendant with a low IQ and mental health issues, confessed to a bar shooting after six hours of police interrogation.

In his dissent, Justice Saylor said he would "trust our trial judges to make fair and just decisions on admissibility of expert evidence, knowing full well that there will be inconsistencies which will need to be addressed by the appellate courts in the developing decisional law."

State Supremes Ban Indicted Justice From Her Office

In the wake of the indictment of one of their own for public corruption, the Pennsylvania Supreme Court not only relieved Justice Joan Orie Melvin of all duties ...

but they cleaned out her desk, too!

Orie-Gate

Supreme Court Justice Joan Orie-Melvin is untouched ... so far.

P-Burg Post Gazette: Castille Slams Orie Melvin's Judicial Activism

I have long thought Orie Melvin lacks the judicial temperament to be on the bench at all, to say nothing of the state supremes.

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.

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.

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."

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.

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.)

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.

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.

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.

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.

Should We Just Say No to All Judges Seeking Retention?

PACleanSweep: "PACleanSweep is urging every Pennsylvanian to go to the polls on November 6 and cast a resounding 'NO' vote on every one of these judges who accepted the pay raise."

Bill White: "Our appellate judges have made it clear that when the interests of the legislative bosses or the judges' own wallets are involved, the Pennsylvania Constitution comes in a poor second. That -- and the general level of mediocrity in our state courts -- is why I intend to vote 'no' in any retention election for a state judge. If you know enough about one of these individuals to separate the wheat from the chaff, fine, but when in doubt, kick 'em out."

Morning Call: "Our view is that while a protest against the Supreme Court, which has not been an effective check on the abuses of the General Assembly is understandable, a top-to-bottom 'no' vote is irresponsible. Displeasure with the Supreme Court shouldn't indiscriminately be translated into displeasure with the other appellate courts. Voters have a duty, hard as it is, to evaluate whether the other jurists should continue serving. Most do. Some don't."

I agree with voting "no" as a general default position. Our judges, on all levels, have forgotten that their right to sit in judgment of others comes from the people. It's not some sort of divine right bestowed upon them as superior people. But here's my problem. I've news-googled every appellate judge up for retention, and have yet to see a single article from the mainstream media that profiles any of them. Without any help, how can anyone "know enough about one of these individuals to separate the wheat from the chaff?" Instead of just telling us to vote against everyone, wouldn't it make more sense to actually inform the reader?

When the MSM refuses to supply us with the information on which we can make a meaningful decision, it's telling us to vote NO. That just opens the door for Governor Rendell to appoint another judge for every one we reject.

On the left sidebar, I have links to blogs about appellate judges up for retention. I tried to research as much as I could about each, spoke to lawyers who appear in front of them, and read ten opinions by each jurist. Yet, proud as I am of this work, these judicial summaries lack the objectivity, credibility or reach you'd find in a news account.

Justice Thomas Saylor - No!: Although Saylor strikes me as a decent man, I believe we can do better on the state's highest court. From his disingenuous dissent in the judicial payraise to his Big Brother view of government, we will suffer the loss of more individual liberties if he remains on the bench. His long residence in Harrisburg, coupled with his willing participation in judicial excesses, reveal him as an insider. Final confirmation of his allegiance to special interests comes from his campaign treasury. I'm voting NO.

Judge Joan Orie Melin - No!: 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 money gathering, especially from lawyers, is obscene. And her contrarian opinions reveal an utter lack of compassion.

Judge John Musmanno - Yes!: Musmanno is a judge. He served a full term as a trial judge before even thinking about an appellate court. When he did seek a seat on the superior court, he attended to his judicial duties first, unlike some of his colleagues. He has consistently tackled the Superior Court's more thorny legal questions, but his opinions demonstrate that he still understands what life without a black robe is like. I will vote to retain Musmanno.

Judge Correale Stevens - Yes!: While Judge Musmanno may be the superior court's long ball hitter, Stevens is their utility player. Day in and day out, he has been a workhorse. Not the usual judicial elitist, he is responsive to the people, has conducted town halls, speaks out on issues and even answers email. His decisions are conservative, but well-reasoned. I will vote to retain Stevens.

Judge Bonnie Leadbetter - Yes!: On her web site, Leadbetter makes one request. She asks voters to judge her "on what I have done and not on what others may have done." I'll be voting to retain her.

Judge Bernard McGinley - Yes!: So long as you keep Judge McGinley away from anything to do with sports, he's a very clear and fair-minded judge. Lawyers who practice before him seem to like him. The Pa. bar makes this observation, "He treats lawyers fairly and courteously and is held in the highest regard for his legal knowledge and analytical abilities." I'll be voting to retain him, but I don't think he can count on too many votes in Eldred Borough.

Judge Doris Smith-Ribner - Yes!: Despite her individual desire for privacy, Smith-Ribner has been a judicial voice for state reform. She promotes open records, detests de facto racial segregation, refuses to go along with municipalities that abuse condemnation powers, upholds campaign finance limits and believes you have a right to know that your vote counts. It's ironic that those who promote much-needed state government reform, would advocate her ouster.

The Stars of Bethlehem Shine on Seamus McCaffrey

Joe Brennan + John Callahan + Don Cunningham + Seamus McCaffrey + Bernie O'Hare + Booze = an Irish wake or Molly Maguires' uprising. But we had neither last night. Not one of us damn Irishmen would touch the booze.

I instead drank coffee at this fundraiser for Judge Seamus McCaffrey, trying hard not to smudge the sheen off a grand piano at Bethlehem's elegant Ambre Studio. Judge McCaffrey, who looks like one of my former drill sergeants, sipped ice water. And so on. Our mothers would have been proud.

I was trying hard not to fart, something I seem to always do when I'm at some fancy gathering. I was also a little worried someone might take my $5o entrance fee to the bank, and learn my check was made of rubber.

As awkward as I felt in this refined setting among all these hotshots, Seamus McCaffrey is the person who instantly put me at ease. He walked right up, introduced himself, and away we went. I could have talked to this personable judge all night.

Accessibility. A rare quality in a judge.

Another accessible and personable fellow, Lehigh County Exec Don Cunningham, introduced McCaffrey to the crowd. "You will never get a chance again, in a lifetime, to vote for someone with his background, experience and common sense."

Cunningham is right. McCaffrey, speaking off the cuff, impresses the hell out of me. He emigrated here from Ireland at age five. As a matter of full disclosure, we learned last night that my family and he both come from the same Irish county - Armagh.

The brahmins of the Bar worry when they see someone like McCaffrey. Instead of getting the "highly recommended" rating reserved for bluebloods, they slap him with a "recommended." If those sycophants are suspicious of him, he must be doing something right.

Unlike most judges, who consider campaigning beneath them, McCaffrey finds it "invigorating." "I love it." He told us, "I was a blue collar kid. I was a cop. I spent 11 1/2 years going to night school to become a lawyer." Instead of some James Carville wannabe, he brought one of his old homicide detectives with him.

In a room full of Democrats, McCaffrey warned, "I have strong Republican and independent views." That's no surprise. When he graduated from Philly's Cardinal Dougherty High School in '68, he enlisted in the marines, and is a Vietnam Veteran. As one of Philly's finest, McCaffrey served for twenty years as patrolman, plainclothes narcotics investigator, homicide detective and supervisor. He spent long evenings getting his B.A and a law degree from Temple.

Elected a Philly municipal judge, McCaffrey ran the "Eagles Court" at the vet, where I sent him one of his first customers, but that's a story for another day. Less widely known, but equally impressive, is McCaffrey's creation of a "Nuisance Night Court" in 1996. He and other Philly judges volunteered their time during evenings to handle neighborhood nuisance crimes. He now sits on the state superior court.

Although McCaffrey views himself a "law and order" type, he still considers the judiciary "the ultimate check and balance. We're there to make sure your rights are protected."

And he stressed the significance of these under-reported judicial races. "A state rep serves for two years and a county commissioner sits for four. But when you elect one of us, you're voting for us for ten years."

McCaffrey believes the dynamics of our appellate courts is limited by the perspectives of judges from the western part of the state. All of the supreme court's justices, excepting Castille, are from the the center or western part of the state, "where people really view themselves as mid-westerners." In the fifteen-judge superior court, where he currently sits, McCaffrey notes that only he and Judges Jack Panella (Lehigh Valley) and Corry Stevens (coal regions) are from the eastern part of the state. "We need more balance."

McCaffrey is exactly what the supreme court needs - an accessible person with common sense. And he believes that Lehigh County Exec Cunningham "represents what we miss in Harrisburg - a fresh face. I'd love to see him as governor."

Seamus, Beir bua agus beannacht!

Don Cunningham to endorse Supreme Court Candidate Seamus McCaffrey

Lehigh County Executive Don Cunningham has screwed up. His office just sent me a news release. Bossman Long will probably make Cunnigham run laps around the courthouse or something.

Today, at 3:00 PM, Cunningham will hold a news conference on the courthouse steps to endorse PA Supreme Court Candidate Judge Seamus McCaffrey. The Judge will be present and available for questions. I'd love to be there, but that depends on my day job.

Seamus, Céad Míle Fáilte!

Why Justice Saylor Should Not be Retained on Pa.'s Supreme Court

PACleanSweep, a reform movement that rose from the ashes of a midnight legislative and judicial payraise, is already urging "every Pennsylvanian to go to the polls on November 6 and cast a resounding NO vote in every one of these retention races." Although this is a knee jerk reaction, a judgeship has all too often been regarded as some form of divine right. Our judges are akin to the priesthood of the middle ages, a class apart, isolated and arrogant.

Don't take my word for it. Northampton County District Attorney John Morganelli says much the same thing. "If anyone tries to tell you that judges are apolitical, tell them to call me. In my 26 years as a practicing lawyer, I have learned that judges are probably the most political animals in the political and legal jungle. Not all of them, of course. But many come to their positions with the same prejudices and bias that we all have from our life experience. The donning of the black robe allows them to hide behind the law while forming their own ideas of how things should be."

On November 6, we will decide whether to retain Republican Tom Saylor on Pennsylvania's Supreme Court for another ten years. He's already in trouble. According to a Daily News poll, only 18% of the voters have decided to support him. Many voters, disenchanted by our state officials, remain undecided. The purpose of this post is to provide you with facts upon which you can decide whether Saylor deserves your vote. I can't give him mine.

What is the Pennsylvania Supreme Court?

Pennsylvania's Supreme Court is our state court of "last resort," consisting of seven justices who are initially elected to ten-year terms. Their annual salary is $175,236. The justice with the most seniority is chief justice, who's paid $180,336. Justices also have an unlimited expense account for judicial bottles of beaujolais. After their initial ten year term expires, judges are retained by a simple "yes" or "no" statewide vote. And so it goes until mandatory retirement at age 70. So far, only one justice has ever lost a retention election.

Voters historically pay little attention to appellate court judges, but the supreme court ultimately decides the most important questions, from how we're taxed to school funding to who dies in the death chamber. Death penalty appeals are mandatory. In most other cases, the state's high court can simply refuse to consider a case. And most appeals are rejected.

In 2006, the state's high court handed down only 258 opinions, or 43 per justice. That's under one opinion every week! And these guys have law clerks who do most of the writing.

Administratively, the supreme court is responsible for maintaining a single, integrated judicial system. It has supervisory authority over all other state courts. It currently is computerizing court records throughout the state.

Who is Tom Saylor?

Saylor, born in 1946, is a native of Somerset County. That's the rural western Pennsylvania county where hijacked United Airlines Flight 93 crashed on 9/11. No aristocrat, the young Saylor bagged groceries at the local A&P. His dad was a bookkeeper and his mom a school board secretary. After graduating from law school, Saylor worked in the DA's office and private practice until 1982.

Since 1982, Saylor has been entrenched in Harrisburg, the land of midnight payraises. He worked for the state attorney general, and then left for private practice at a capitol law firm. In 1993, he was elected to the state superior court. Just four years later, he became a supreme. At the time of his initial election, he was "not recommended" by the Pennsylvania Bar Association evaluation committee. This time around, the high priests at the PBA give him their blessing, for whatever it's worth.

Saylor has been married to the same woman for 36 years. He has two adult children, a Baltimore school teacher and an air force pilot. His financial disclosure reports reveal his only sources of income are his salary as a supreme court justice and his Fidelity investment. Like most of us, he has a mortgage.

Saylor's Mini-Scandals

Although Saylor's roots are rural, he has been a resident and "worker" bee in the land of midnight payraises since 1982. His years in Harrisburg appear to have infected him. Some of his extrajudicial antics might make you think he's actually a state rep.

Evidence of this first surfaced back in 2005, when it was revealed that Saylor was one of six justices who spent $164,000 in taxpayer money for expenses that extended from $1,766 to frame a picture to $85 for a bottle of wine. Over a six month period, Saylor billed taxpayers for 34 carwashes for his publicly supplied car. Legal Intelligencer columnist Howard Bashman never bought Cappy's feeble "high society" justification. He felt this propensity to run up the public tab, by itself, was a good reason to vote NO.

Saylor let voters down a second time in 2005, during a bizarre incident at Harrisburg International Airport. When initially searched, he was told he couldn't carry a small, Swiss-army style, knife onto the plane, but could store it with checked luggage. So what did he do? He hid the knife inside a shoe. For that little trick, he was ultimately fined $750 and named by TalkLeft as "Stupid Criminal of the Week."

Saylor's Payraise Dissent

Saylor's supporters are quick to note he is the sole justice who dissented from the judicial and legislative payraise that the boys in Harrisburg awarded to themselves. But he is the only justice facing retention this year. His vote is no surprise. During oral arguments on the case, he kept his mouth shut. His dissent is political expedience.

In five short pages, Saylor pretty much agrees completely with the 100-page Castille majority. He only dissents because, in his view, judges' pay hikes could not legally be severed from the raises lawmakers awarded to themselves.

Dave Ralis, at the time, made this comment: "[F]or that false show of dissent, Saylor's head deserves to be the first to fall from the chopping block. He was simply trying to make himself look a little better than the rest. But when you read what Saylor actually said, he managed to make himself look worse."

Saylor's Opinions Limit Privacy and Expression Rights, and Expand State Police Power

In a review of 174 opinions published online, I see no Great Dissenter, standing up against a reckless state legislature. What I see instead is a judge who has shown a tendency to limit individual rights, while expanding the state's police power. Duquesne Law Review, referred to in Saylor's own campaign site, shares this view.

Saylor penned the majority opinion that gives a constitutional kiss to the Big Brother practice of stopping motorists at highway checkpoints. In doing so, he ignored the "cold hard facts" showing these roadblocks are a colossal waste of time. In his dissent, then Justice Nigro noted "the substantial intrusion that those checkpoints impose on the lives of law-abiding motorists, who must often wait in the backlog of traffic caused by the checkpoints even before enduring the actual stop by police once they reach the checkpoint."

Saylor has accelerated Pennsylvania's slow slide into a police state, with a concurring opinion in another case involving the warrantless recording of telephone conversations. A druggie had allowed police to tape his conversations with his supplier, and the court ruled this supplier had no reasonable expectation of privacy. To three members of the court, this was a bad call. "Today the majority holds that the Pennsylvania Constitution affords no protection against the government listening to, recording and reporting the details of our private telephone conversations. By holding that we have no expectation of privacy in the confidential messages and conversations transmitted from our telephones, it has placed the freedom of every citizen into the hands of the law enforcement authorities. . . . Following the majority's analysis to its logical conclusion, there is no constitutional precept preventing the government from tapping any individuals phone line for any reason."

A final illustration of Saylor's "Big Brother Knows Best" attitude, is demonstrated by his restrictive attitude towards our most fundamental right - free speech. In Pennsylvania, more than other states, free speech has long had a special meaning. Founder William Penn had been prosecuted in England for the "crime" of preaching to an unlawful assembly. Pennsylvania courts have broadly interpreted free expression, even when it involves nude dancing. Saylor, standing alone, would give legislative bodies more latitude in regulating speech.

Saylor Has a Mixed Record on Pennsylvanians' Right to Know

On his campaign site, Saylor claims that, time and again, he has favored the right of the public and the free press to access government documents and records. In truth, he has a mixed record. He proudly points to a decision in which he ordered the public disclosure of an audiotape made played at a preliminary hearing. But he fails to tell you he refused to sanction disclosure of a telephone call made to a 911 center, reporting a local shooting. He also denied a request from two state legislators to examine an accounting report that formed the basis of a $145 million settlement in litigation against the state.

Saylor and Citizen Access

I am astonished that Saylor actually takes credit for his logically tortured dissents in Nader and Romanelli, Green party candidates who were removed from the ballot in 2006. Nader was so clear that the majority found no need for an opinion. The Commonwealth Court had already ruled that "the signature gathering process was the most deceitful and fraudulent exercise ever perpetrated upon this Court."

Saylor's dissent was clearly a jab at the Commonwealth Court. Was Saylor really motivated by an altruistic desire to enhance third party ballot access? Or was he trying to help fellow Republican Rick Santorum, who was twenty points behind Bob Casey in the polls?

On other matters, Saylor has been downright draconian about citizen access to the courts. When a group of citizens took Delaware County to court, forcing it to adopt is first ever storm water management plan, he penned the opinion reversing a court order authorizing attorney fees. In an eminent domain case, he argued unsuccessfully against paying off a landowner's mortgage interest in condemned property.

Saylor and Medical Malpractice

Saylor proudly announces the endorsement of the Pennsylvania Orthopaedic Society, who loves his stance on medical liability "reform," i. e., making it more difficult for someone to recover damages against a negligent physician. I thought it was up to the legislature to make decisions like that. Silly me.

Following the Money

As of mid June, Saylor's warchest was standing tall at $65,099.83. It will get a lot bigger as the election approaches. Most of his money comes from lawyers who practice before the court, doctors who want to put a stop to medical malpractice and the pro-growth Pa Future Fund. It's a cornucopia of special interests.

Conclusion

Although Saylor strikes me as a decent man, I believe we can do better on the state's highest court. From his disingenuous dissent in the judicial payraise to his Big Brother view of government, we will suffer the loss of more individual liberties if he remains on the bench. His long residence in Harrisburg, coupled with his willing participation in judicial excesses, reveal him as an insider. Final confirmation of his allegiance to special interests comes from his campaign treasury. I'm voting NO.