Latest news with #CommonwealthCourt
Yahoo
24-05-2025
- Politics
- Yahoo
Gaughan, county appealing court ruling in vacancy case
Lackawanna County and Democratic Commissioner Bill Gaughan are appealing a county judicial panel's ruling that the county's Home Rule Charter controls the process of filling former Democratic Commissioner Matt McGloin's vacant seat. Gaughan and the county, co-petitioners in litigation challenging the charter process, are also appealing the panel's ruling that the county lacks authority to proceed as a party in the legal matter. With Senior Judges Carmen D. Minora and Vito P. Geroulo in the majority and Senior Judge Robert A. Mazzoni dissenting, the three-judge panel ruled Thursday that the charter supersedes a state rule of judicial administration that would have removed the county Democratic Committee from the replacement process. It amounted to a legal victory for the committee, which the charter tasks with playing a major role in filling vacancies when a Democratic commissioner or other elected Democratic county row officer leaves office mid-term. Attorneys for Gaughan and the county filed a notice Friday in county court stating the parties are appealing the ruling in Commonwealth Court. The Scranton law firm Myers, Brier & Kelly filed the notice as part of its standing engagement, county spokesman Patrick McKenna said in an email, nothing there will be no further cost associated with the appeal. The HRC specifically tasks the Democratic Committee with submitting the names of three potential candidates to fill the vacancy for consideration by the commissioned judges of the county Court of Common Pleas, and the judges with appointing McGloin's successor from that short list. That process played out controversially in late February when the committee held a closed-door vote to submit former county Economic Development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey as potential appointees. Gaughan and the county challenged the charter process in March, arguing it violates Pennsylvania Rule of Judicial Administration 1908. That rule, adopted by the state Supreme Court in 2019, says the county court alone, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. Both sides made their respective cases in court filings and during oral arguments before the panel, with the committee arguing for the supremacy of the charter and Gaughan and the county for Rule 1908. Minora and Geroulo ultimately ruled the charter process supersedes the rule of judicial administration, writing that Gaughan and the county's reading of Rule 1908 'simply defies logic and means every time the court issues a new rule, be it administrative or procedural, HRC communities better hold their breath lest their constitutionally guaranteed right to self-rule be consumed … by a pac-man like anonymous rule making committee unanswerable to any public input.' Mazzoni, dissenting, wrote that the 'clear and unambiguous language in Rule 1908 … makes its application in this case compelling.' 'As noted in the language of Rule 1908, the application of this Rule makes the selection of a candidate more transparent and, of course, more diverse by creating a larger pool of worthy applicants,' Mazzoni wrote. 'A result which truly serves the ends of justice.' The senior judges spoke in one voice on another element of the case, unanimously ruling that the county lacks authority to proceed as a party to the matter while rejecting the claim that county Solicitor Donald Frederickson can commence and prosecute litigation on behalf of the county without authorization from a majority of the commissioners. The county has no authority to proceed because Republican Commissioner Chris Chermak, one of two sitting commissioners, never authorized the county's participation, per the ruling. Attorneys for Chermak — who himself objected to the use of county personnel, resources and taxpayer money to make the legal challenge — had argued in court against the county's participation for that reason. The senior judges did, however, rule that Gaughan has standing to proceed in his official capacity as commissioner since he has a substantial, direct and immediate interest in the case. 'The employment of an appropriate selection process can have an impact on Gaughan's ability to function as a Commissioner,' they wrote. The ruling notes that Chermak also has standing as a commissioner. County President Judge James Gibbons has not provided specific details or a timeline on how the county judges might proceed in light of Thursday's ruling, now being appealed, which orders them to 'follow the directives of the Home Rule Charter' when filling McGloin's seat. 'We will provide information as it becomes available,' Gibbons said in an email. Reached Friday morning, Frederickson said the appeal will stay Thursday's county court ruling pending a ruling from the appellate court. The notice of appeal filed Friday is not the appeal itself, which will be filed at a later date. County Democratic Chairman Chris Patrick declined to comment on the appeal beyond saying 'they have to do whatever they have to do.'
Yahoo
23-05-2025
- Politics
- Yahoo
With 'many write-ins,' Somerset elections could take weeks to finalize. How it works
SOMERSET ― The county elections computation board started meeting Friday and will continue until its work is done, which could take up to two weeks. The main reason: "There were many write-ins," said Somerset County Elections Director Tina Pritts. In the context of elections, a computation board is a panel that reviews and validates election results, including write-in votes and potential irregularities. The overall primary "was very quiet. We had about a 24% turnout," Pritts said. In fact, the results statewide were similar, she said. In Somerset County, there were 11,428 ballots cast, 3,212 Democrat and 8,212 Republican. "We had four nonpartisan in Elk Lick Township because of the referendum (asking for a tax increase over the allotted amount)," Pritts said. Election results for Voters spoke out in the May 20 primary with their ballots on whom they wanted to sit on the state's intermediate appellate courts benches. Among the choices were state judges. There are two intermediate appellate courts in Pennsylvania: the Commonwealth Court and the Superior Court. Commonwealth Court presides over civil actions brought by and against the state government and hears appeals primarily in cases involving state departments and local governments. There is one seat open on the Commonwealth Court this year. The Democratic Party has one candidate on the ballot. Republican voters chose Matthew Wolford over Joshua Prince to represent their party in the general election with 5,270 votes to 1,949. More: Voters unofficially pick winners for two district judge nominations in Somerset County Superior Court handles criminal, family and civil cases that are appealed by county courts. There is one seat open on the Superior Court this year. The Democratic Party has one candidate on the ballot. Republican voters chose Maria Battista to represent their party in the general election with 4,803 votes. Opponent Ann Marie Wheatcraft received 2,460 votes. The local state trial court, known as the Somerset Court of Common Pleas, has a judge position open. So far, only Somerset County District Attorney Molly Metzgar (R) has declared that she is running for the position. She received a total of 7,539 votes in the primary for the position. More: Who will move forward to November from contested Somerset County school board slots Other countywide positions not contested were all running as Republican candidates and included: Cullen Swank, for coroner, who received 7,720 votes; Jeannie Custer, for prothonotary, 7,457 votes and Anthony "Tony" DeLuca for treasurer, 7,171 votes. These are the unofficial results, according to the county elections office. Once the computation board is finished with its work, the results will become official. There could be changes depending on the write-ins. This article originally appeared on The Daily American: Election results: Write-ins slowing Somerset County final tally
Yahoo
21-05-2025
- Politics
- Yahoo
GOP-endorsed candidates meet different fates in Pa. Commonwealth, Superior court primaries
Spotlight PA is an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds power to account and drives positive change in Pennsylvania. Sign up for our free newsletters. HARRISBURG — The party-endorsed Republican candidate for Commonwealth Court coasted to victory in the May 20 contested primary, while a Superior Court hopeful who didn't win the GOP nod defeated her opponent. They'll face Democrats who ran unopposed for vacancies on Pennsylvania's powerful lower appellate courts this November. Erie County municipal primary: Devlin beats incumbent Schember in Democratic mayoral race Judges on the nine-member Commonwealth Court preside over civil actions brought by and against Pennsylvania state government, and hear appeals primarily in cases involving state departments and local governments. The 15 judges on Superior Court handle criminal, family and civil cases that are appealed up from county Courts of Common Pleas. Judges on all three of Pennsylvania's statewide appellate courts — Supreme, Superior and Commonwealth — are elected in partisan, statewide elections and serve 10-year terms. The number of terms they can serve is unlimited, though they must retire at age 75. In addition to deciding the races for one vacant seat each on Commonwealth and Superior Courts, voters this November will consider whether to give five appellate judges additional 10-year terms. That includes three state Supreme Court justices, all of whom were elected as Democrats. These yes-or-no retention elections are a high-profile target for Republicans hoping to upset a decade of Democratic control on the court. More: Tim Barker wins Republican primary for York County District Attorney In the Republican primary for a seat on Commonwealth Court, Erie-based attorney Matthew Wolford, who specializes in environmental law, beat Berks County's Joshua Prince, who runs a law firm focused on gun legislation. The Associated Press called the race before 9 p.m. Wolford was leading with 62% of the vote, according to unofficial results. Wolford, a solo practitioner, was endorsed by the state Republican Party and was also 'highly recommended' by the Pennsylvania Bar Association. In its assessment, the PBA noted that Wolford has been 'litigating all aspects of environmental law,' both civilly and criminally and at trial and appellate levels, for almost four decades. Wolford is 'highly regarded for his work ethic, preparation, common sense, fairness, integrity, prompt and efficient performance and legal expertise in the environmental area,' the association wrote. In his campaign materials, Wolford described his practice as focusing partially on 'defending clients against government enforcement actions and helping clients work through complex regulatory challenges,' and partly on 'fighting for private property rights,' which includes taking on disputes over zoning and easements and with homeowners' associations. Prince, who also unsuccessfully ran for Commonwealth Court in 2023, ran a fairly tumultuous race, writing on his campaign website in early February that he would drop out after failing to secure the GOP endorsement, then reversing course nine days later. He was not recommended by the state bar association because he did not participate in its review process. Wolford will face Democrat Stella Tsai in the general election. She has served on Philadelphia's Court of Common Pleas since 2016, and during the campaign described her work as being across the city's criminal, civil, orphans' court and family court divisions. Unofficial election results: Contested Beaver County primary elections Tsai, who was uncontested in the primary, was endorsed by the state Democratic Party and was rated 'highly recommended' by the PBA. The association wrote that she has 'a long and diverse legal career' with extensive trial experience in state and federal courts, and that she is respected among fellow judges and considered 'enthusiastic, hard-working and fair.' Tsai said on her campaign website that she has 'volunteered to safeguard voting rights, immigrant rights, and civil rights.' She previously served as president of the Asian Pacific American Bar Association of Pennsylvania and in various official capacities with the Pennsylvania Bar Association. In the race for the open Superior Court seat, the GOP primary was again contested, while the Democratic primary was not. Attorney Maria Battista of Clarion County won the Republican primary. The Associated Press called her victory over opponent Ann Marie Wheatcraft at 10:18 p.m. May 20. Battista was leading with 56% of the vote, according to unofficial results. Battista previously served as assistant general counsel for the Pennsylvania Departments of Health and State under former Govs. Tom Corbett, a Republican, and Tom Wolf, a Democrat. She is president at Judge Government Services, a consulting firm, and ran unsuccessfully for Superior Court in 2023. The Pennsylvania Bar Association did not recommend Battista because she did not participate in its rating process. The Pennsylvania Republican Party endorsed Wheatcraft, not Battista. Wheatcraft has served since 2012 as a Chester County Common Pleas judge and became president judge at the beginning of this year after being selected by her colleagues on the bench. The PBA 'highly recommended' Wheatcraft for the bench, calling her 'an experienced jurist known for her high degree of professionalism, good judicial temperament, excellent character, and undisputed integrity,' and noting that she has presided over hundreds of criminal and civil cases, and jury and bench trials. The Democratic candidate in the general election will be Washington County's Brandon P. Neuman, who has served as a judge on the county's Court of Common Pleas since 2018. He was previously a member of the state House of Representatives from 2011 to 2017. As a judge, Neuman primarily presides over civil court and a veterans' specialty court, according to his campaign website, and has also presided over criminal and family law cases. Last year, Neuman handed down a notable ruling that ordered Washington County to notify voters if their mail ballots have errors that would keep them from being counted, so that those voters would be able to cast provisional ballots. He is 'highly recommended' by the Pennsylvania Bar Association, which said his 'opinions demonstrate knowledge of substantive and procedural legal issues and the ability to provide good factual backgrounds and well-developed legal arguments.' The association added that Neuman's colleagues believe he has high integrity, a good judicial temperament, and 'treats all individuals fairly,' among other positive attributes. In retention elections, voters have a yes-or-no choice: They can give a sitting judge another 10-year term or can force the judge off the court. The elections aren't partisan, and there's no opponent. If a majority of voters choose to reject a judge, the governor can appoint a temporary replacement subject to the approval of the state Senate. An election for a replacement to serve a full 10-year term is then held in the next odd year. Judges rarely lose retention elections. The last time a judge lost retention was in 2005, amid broad frustration with state lawmakers over a pay-raise scandal. However, Republicans, who have been frustrated with the Democratic-majority Supreme Court's decisions for a decade, say that a flip is within reach. Now, they're prepared for an expensive political fight. The judges up for retention on the seven-member state Supreme Court are Christine Donohue, Kevin Dougherty and David Wecht. All were elected as Democrats. All three have been involved in a slew of high-profile decisions over the past ten years. The court has overseen and intervened in the commonwealth's congressional and legislative redistricting processes; allowed a case challenging the state's education funding system to go to trial; upheld COVID-19 mediation efforts; and backstopped the state's voting laws against a barrage of conservative challenges, most notably from Donald Trump's 2020 campaign. They've also made a number of quieter moves that have inflamed opposition from business interests, including loosening restrictions on where a plaintiff can file costly malpractice lawsuits and opening the door to gig workers becoming full employees rather than independent contractors. When they run for retention, judges' campaigns are limited by the Code of Judicial Conduct. Its rules, aimed at maintaining impartiality, allow them to talk about their approach to the law, but bar them from discussing specific cases before them or definitively saying how they would rule on a given topic. The lower appellate courts also have a retention election apiece. Superior Court Judge Alice Dubow is up for retention, as is Commonwealth Court Judge Michael Wojcik. Both were elected as Democrats. If you learned something from this article, pay it forward and contribute to Spotlight PA at Spotlight PA is funded by foundations and readers like you who are committed to accountability journalism that gets results. This article originally appeared on Erie Times-News: PA GOP lower appellate court primaries go to Erie, Clarion lawyers
Yahoo
21-05-2025
- Politics
- Yahoo
Pa. primary election 2025: The Commonwealth and Superior Court candidates advancing to November
Spotlight PA is an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds power to account and drives positive change in Pennsylvania. Sign up for our free newsletters. HARRISBURG — The party-endorsed Republican candidate for Commonwealth Court coasted to victory in Tuesday's contested primary, while a Superior Court hopeful who didn't win the GOP nod defeated her opponent. They'll face Democrats who ran unopposed for vacancies on Pennsylvania's powerful lower appellate courts this November. Judges on the nine-member Commonwealth Court preside over civil actions brought by and against Pennsylvania state government, and hear appeals primarily in cases involving state departments and local governments. The 15 judges on Superior Court handle criminal, family, and civil cases that are appealed up from county Courts of Common Pleas. Judges on all three of Pennsylvania's statewide appellate courts — Supreme, Superior, and Commonwealth — are elected in partisan, statewide elections and serve 10-year terms. The number of terms they can serve is unlimited, though they must retire at age 75. In addition to deciding the races for one vacant seat each on Commonwealth and Superior Courts, voters this November will consider whether to give five appellate judges additional 10-year terms. That includes three state Supreme Court justices, all of whom were elected as Democrats. These yes-or-no retention elections are a high-profile target for Republicans hoping to upset a decade of Democratic control on the court. In the Republican primary for a seat on Commonwealth Court, Erie-based attorney Matthew Wolford, who specializes in environmental law, beat Berks County's Joshua Prince, who runs a law firm focused on gun legislation. The Associated Press called the race before 9 p.m. Wolford is leading with 62% of the vote, according to unofficial results. Wolford, a solo practitioner, was endorsed by the state Republican Party and was also 'highly recommended' by the Pennsylvania Bar Association (PBA). In its assessment, the PBA noted that Wolford has been 'litigating all aspects of environmental law,' both civilly and criminally and at trial and appellate levels, for almost four decades. Wolford is 'highly regarded for his work ethic, preparation, common sense, fairness, integrity, prompt and efficient performance and legal expertise in the environmental area,' the association wrote. In his campaign materials, Wolford described his practice as focusing partially on 'defending clients against government enforcement actions and helping clients work through complex regulatory challenges,' and partly on 'fighting for private property rights,' which includes taking on disputes over zoning and easements and with homeowners' associations. Prince, who also unsuccessfully ran for Commonwealth Court in 2023, ran a fairly tumultuous race, writing on his campaign website in early February that he would drop out after failing to secure the GOP endorsement, then reversing course nine days later. He was not recommended by the state bar association because he did not participate in its review process. Wolford will now face Democrat Stella Tsai in the general election. She has served on Philadelphia's Court of Common Pleas since 2016, and during the campaign, described her work as being across the city's criminal, civil, orphans' court, and family court divisions. Tsai, who was uncontested in the primary, was endorsed by the state Democratic Party and was rated 'highly recommended' by the PBA. The association wrote that she has 'a long and diverse legal career' with extensive trial experience in state and federal courts, and that she is respected among fellow judges and considered 'enthusiastic, hard-working and fair.' Tsai said on her campaign website that she has 'volunteered to safeguard voting rights, immigrant rights, and civil rights.' She previously served as president of the Asian Pacific American Bar Association of Pennsylvania and in various official capacities with the Pennsylvania Bar Association. In the race for the open Superior Court seat, the GOP primary was again contested, while the Democratic primary was not. Attorney Maria Battista of Clarion County won the Republican primary. The Associated Press called her victory over opponent Ann Marie Wheatcraft at 10:18 p.m. on Tuesday. Battista was leading with 56% of the vote, according to unofficial results. Battista previously served as assistant general counsel for the Pennsylvania Departments of Health and State under former Govs. Tom Corbett, a Republican, and Tom Wolf, a Democrat. She is currently president at Judge Government Services, a consulting firm, and ran unsuccessfully for Superior Court in 2023. The Pennsylvania Bar Association did not recommend Battista because she did not participate in its rating process. The Pennsylvania Republican Party endorsed Wheatcraft, not Battista. Wheatcraft has served since 2012 as a Chester County Common Pleas judge and became president judge at the beginning of this year after being selected by her colleagues on the bench. The PBA 'highly recommended' Wheatcraft for the bench, calling her 'an experienced jurist known for her high degree of professionalism, good judicial temperament, excellent character, and undisputed integrity,' and noting that she has presided over hundreds of criminal and civil cases, and jury and bench trials. The Democratic candidate in the general election will be Washington County's Brandon P. Neuman, who has served as a judge on the county's Court of Common Pleas since 2018. He was previously a member of the state House of Representatives from 2011 to 2017. As a judge, Neuman primarily presides over civil court and a veterans' specialty court, according to his campaign website, and has also presided over criminal and family law cases. Last year, Neuman handed down a notable ruling that ordered Washington County to notify voters if their mail ballots have errors that would keep them from being counted, so that those voters would be able to cast provisional ballots. He is 'highly recommended' by the Pennsylvania Bar Association, which said his 'opinions demonstrate knowledge of substantive and procedural legal issues and the ability to provide good factual backgrounds and well-developed legal arguments.' The association added that Neuman's colleagues believe he has high integrity, a good judicial temperament, and 'treats all individuals fairly,' among other positive attributes. In retention elections, voters have a yes-or-no choice: They can give a sitting judge another 10-year term or can force the judge off the court. The elections aren't partisan, and there's no opponent. If a majority of voters choose to reject a judge, the governor can appoint a temporary replacement subject to the approval of the state Senate. An election for a replacement to serve a full 10-year term is then held in the next odd year. Judges very rarely lose retention elections. The last time a judge lost retention was in 2005, amid broad frustration with state lawmakers over a pay raise scandal. However, Republicans, who have been frustrated with the Democratic-majority Supreme Court's decisions for a decade, say that a flip is within reach. Now, they're prepared for an expensive political fight. The judges up for retention on the seven-member state Supreme Court are Christine Donohue, Kevin Dougherty, and David Wecht. All were elected as Democrats. All three have been involved in a slew of high-profile decisions over the past ten years. The court has overseen and intervened in the commonwealth's congressional and legislative redistricting processes; allowed a case challenging the state's education funding system to go to trial; upheld COVID-19 mediation efforts; and backstopped the state's voting laws against a barrage of conservative challenges, most notably from Donald Trump's 2020 campaign. They've also made a number of quieter moves that have inflamed opposition from business interests, including loosening restrictions on where a plaintiff can file costly malpractice lawsuits and opening the door to gig workers becoming full employees rather than independent contractors. When they run for retention, judges' campaigns are limited by the Code of Judicial Conduct. Its rules, aimed at maintaining impartiality, allow them to talk about their approach to the law, but bar them from discussing specific cases before them or definitively saying how they would rule on a given topic. The lower appellate courts also have a retention election apiece. Superior Court Judge Alice Dubow is up for retention, as is Commonwealth Court Judge Michael Wojcik. Both were elected as Democrats. If you learned something from this article, pay it forward and contribute to Spotlight PA at Spotlight PA is funded by foundations and readers like you who are committed to accountability journalism that gets results. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
CBS News
21-05-2025
- Politics
- CBS News
2025 Pennsylvania primary election results for Philadelphia DA, controller and more
Voters in the Philadelphia area cast their ballots in the 2025 Pennsylvania primary election on Tuesday. The polls are now closed, and results are starting to come in. See live results for Philadelphia district attorney, Philadelphia controller, Commonwealth Court and Superior Court. Philadelphia District Attorney Former Philadelphia Municipal Court President Judge Pat Dugan is hoping to unseat two-time incumbent Larry Krasner in the Democratic primary. Krasner is seeking a third term after he focused on reducing incarceration, supporting victims and holding police accountable during his first two terms as DA. Despite political opposition claiming he should be tougher on crime, Krasner points to significant drops in violent crime and homicides as evidence his reforms are working. Meanwhile, Dugan, a U.S. Army veteran, is running for district attorney to take a tougher stance on crime, criticizing Krasner's approach. He plans to localize the DA's office, prioritize prosecuting violent offenders, expand resources for diversionary programs for low-level crimes, and hire more locally trained attorneys. No Republican filed to run for DA. Philadelphia Controller In the Philadelphia City Controller race, incumbent Christy Brady is running unopposed in the Democratic primary, and stockbroker Ari Patrinos is running unopposed in the Republican primary. Commonwealth Court The Commonwealth Court of Pennsylvania has one open seat after Judge Ellen Ceisler retired in January. In the Democratic primary, Stella Tsai, a judge on the Philadelphia County Court of Common Pleas, is running unopposed. In the Republican primary, environmental attorney Matthew Wolford and civil rights attorney Joshua Prince are vying for the nomination. The Commonwealth Court is an appellate court that handles appeals to decisions made by Pennsylvania state agencies and civil cases brought by and against Pennsylvania. Superior Court The Superior Court of Pennsylvania has one open seat after Judge Dan McCaffery's election to the state Supreme Court in 2023. In the Democratic primary, Brandon P. Neuman, a judge on the Washington County Court of Common Pleas and former Democratic state representative, is running unopposed. In the Republican primary, Maria Battista, a former assistant district attorney, and Ann Marie Wheatcraft, president judge of the Chester County Court of Common Pleas, are vying for the nomination. On the same level as the Commonwealth Court, the Superior Court handles appeals in criminal and civil cases from the lower Courts of Common Pleas. The primary results will determine each party's nominee for the general election in November.
