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Pa. public schools may be liable if they fail to prevent student-on-student sexual abuse
Pa. public schools may be liable if they fail to prevent student-on-student sexual abuse

Yahoo

time12-06-2025

  • Yahoo

Pa. public schools may be liable if they fail to prevent student-on-student sexual abuse

(Philadelphia Tribune photo) A Philadelphia high school student who was sexually assaulted by classmates can sue the school district under an exception to governmental immunity for sexual abuse, a Commonwealth Court panel ruled this week. The seven-judge panel ruled unanimously in favor of the intellectually disabled 10th grader and her parents. The decision clarified that a school district may be held liable for negligence leading to a student's sexual assault by a third party and its responsibility is not limited to abuse by school employees. Lawyers for the girl, who is identified only by the initials L.F.M. in court documents, and an education advocate said the decision significantly improves protection for students. 'Today is a better day for children,' said Nadeem Bezar of Kline & Specter, who brought the lawsuit on behalf of the girl and her parents with co-counsel Helen Lawless. 'We are happy that the Commonwealth Court interpreted the statute the way the legislature intended. We understand the case still has a ways to go. But today is a step in the right direction.' Spokesperson Monique Braxton said the School District of Philadelphia is reviewing the decision and anticipates seeking review by the Pennsylvania Supreme Court. 'The district values the safety of our students and staff. If a student sees something that they feel is concerning, we encourage them to share their concerns with their parents, teachers, and other district staff,' Braxton said in a statement. 'We all play a role in keeping our schools and communities safe, and encourage students, staff, and families to say something if they see something.' According to the lawsuit, L.F.M. was enrolled in a co-ed gym class at South Philadelphia High School with other students with disabilities and learning impairments. In October 2021, two classmates pushed her behind the bleachers, sexually assaulted her and demanded that she go into a bathroom to take and share sexually explicit images. One of the students continued to harass and demand explicit images from L.F.M. by telephone that evening, when the girl's mother overheard. The girl told her mother what had happened in school and the mother reported the assault to the district and police, the suit says. The lawsuit alleges the school district failed to ensure that its employees properly supervised students in the gym class, permitting the girl's attackers to carry out the assault. It claims the district is liable for negligently permitting the assault. The Commonwealth Court decision centers on a relatively new addition to the state law that limits tort liability for public agencies in Pennsylvania. The Political Subdivision and Torts Claims Act (PSTCA) grants immunity to government entities except under a handful of scenarios and limits damages to $500,000. As part of a legislative package to secure justice for victims of childhood abuse, former state Rep. Mark Rozzi (D-Berks) won approval of the sexual assault exception. Signed into law by Gov. Tom Wolf in 2019, it allows individuals to sue public schools if they are victims of acts that would constitute criminal sexual assault under state law. In response to L.F.M.'s lawsuit, the Philadelphia School District argued the exception applies only to acts by the district and employees. A Philadelphia judge rejected the district's argument and it appealed in Commonwealth Court. The student's lawyers argued the exception permits claims for sexual abuse by a third-party, such as other students, if it results from negligent actions or omissions by the school district. In an opinion by Judge Lori Dumas, the court found the purpose of the exception was to hold public entities accountable for enabling abusers and to expand the rights of victims to sue. Dumas cited Rozzi's statement in a 'friend-of-the-court brief' that the purpose was not to hold institutions accountable for employing abusers but for enabling abusers to carry out their crimes against children. The district claimed the primary purpose of the PSTCA is to protect taxpayers and that broadly interpreting the exception could impede the district's financial ability to serve its 200,000 students. 'We must presume the legislature also recognized its duty of protecting the public fisc, including the potential monetary harm to municipalities from large tort recoveries,' Dumas wrote. 'Upon balancing those duties, the legislature nevertheless enacted an exception to governmental immunity, removed the damages cap, and extended the statute of limitations. We cannot reweigh those considerations.' Maura McInerney, legal director at the Education Law Center, a nonprofit legal advocacy organization dedicated to ensuring access to education, said the decision makes clear that public schools have an obligation to protect children so that incidents such as the one in the lawsuit cannot happen. 'I think the case should send a powerful message to school districts,' McInerney said, adding that the plaintiffs in the case still have to show that the district's actions or omissions have a causal relationship to the assault. Rozzi, who was raped by a priest as a child, drew on his experience as a sexual abuse survivor to champion victims' rights in the General Assembly. In addition to the PSTCA exception, he succeeded in passing laws to extend the statute of limitations for survivors to pursue civil claims against abusers and enablers until age 55. He also won approval of a law to eliminate the criminal statute of limitations for sexual offenses. Before he retired after six terms in the state House last year, Rozzi had also pursued a state constitutional amendment to provide a two-year window for survivors to pursue civil sexual abuse claims, regardless of their age. Although the legislation failed, it was reintroduced this session and passed in the House again Monday. The bill will now be considered in the Senate. Rozzi said the Commonwealth Court ruling would help school districts 'analyze their policies to protect children thoroughly and extensively.' 'It is a matter of life and death, and they are in your hands when they're here in your school,' Rozzi said, adding that a moment of inattention by a school employee could be tragic. 'In that 10 or 15 minutes, that's all it takes for a child to be raped.'

Gaughan, county appealing court ruling in vacancy case
Gaughan, county appealing court ruling in vacancy case

Yahoo

time24-05-2025

  • 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.'

With 'many write-ins,' Somerset elections could take weeks to finalize. How it works
With 'many write-ins,' Somerset elections could take weeks to finalize. How it works

Yahoo

time23-05-2025

  • 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

GOP-endorsed candidates meet different fates in Pa. Commonwealth, Superior court primaries
GOP-endorsed candidates meet different fates in Pa. Commonwealth, Superior court primaries

Yahoo

time21-05-2025

  • 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

Pa. primary election 2025: The Commonwealth and Superior Court candidates advancing to November
Pa. primary election 2025: The Commonwealth and Superior Court candidates advancing to November

Yahoo

time21-05-2025

  • 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.

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