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Peace Out
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February 6-12, 2003

political notebook

Judicious

Aside from making choices in the mayoral, City Council and row office races, voters will also select appellate court judges.

Due to last year's mandatory retirement of Chief Justice Stephen Zappala, there is to be an election of a new Supreme Court Justice. Justice Ralph Cappy replaced Zappala as Chief Justice, and Republican Chester County attorney William Lamb, who was appointed by former Gov. Mark Schweiker to take Cappy's place, is not going to run.

There will also be an election for the three openings on the Superior Court due to retirement.

Republican State Committee convenes this weekend in Harrisburg for its endorsement meeting. Republicans took all of the appellate seats in 2001, so there's much enthusiasm among the GOP crowd.

Republican candidates for the Supreme Court include Philadelphia Common Pleas Court Judge Paul Panepinto. Allegheny Superior Court Judges Maureen Lally-Green and Joan Orie Melvin are also running.

Candidates for the Superior Court are Philadelphia attorney Charles Cunningham, Grainger Bowman of Cumberland County, Schuylkill County Common Pleas Court Judge Palmer Dolbin, Allegheny County candidates Richard Dunlap and Timothy Schweers, Susan Gantman of Montgomery County, Butler County Common Pleas Court Judge Marilyn Horn, Lancaster County candidate Dennis Reinaker and Common Pleas Court Judges John Thompson Jr. of York and William Harvey Wiest from Northumberland.

Meanwhile, Cunningham, who is with the firm Stephen P. Gallagher and Associates, has just been appointed by the state Supreme Court to chair its Disciplinary Board. This board investigates complaints from the public about the conduct of practicing attorneys in the state.

Democratic State Committee does not meet until March 15 in Grantsville. This is a late date for an endorsement meeting since nominating petitions must be filed by March 11.

Democratic State Committee's position on the late date is that by waiting until after the filing date, they can discourage less-than-serious candidates from attending the endorsement meeting and wasting everyone's time with speeches and receptions.

Five Democrats are seeking the endorsement for Supreme Court. Municipal Court Judge James “Jimmy” DeLeon and Common Pleas Court Judge James “Jimmy” Lynn are from Philadelphia. Allegheny County Common Pleas Court Judges Cheryl Allen, Max Baer (not the boxer or actor) and Jeffrey Manning are also running.

DeLeon last sought the blessing of State Committee in 2001, but was pressured to drop out in favor of Allegheny County Superior Court Judge Kate Ford Elliot, who was endorsed for Supreme Court.

The official reason given by State Committee caucus members was that a heated mayoral race in Pittsburgh was expected to lead to heavy voter turnout there, giving an edge to appellate court candidates from the Pittsburgh area. Unfortunately, judicial candidates rarely generate much enthusiasm among voters on their own.

However, the unspoken reason that DeLeon backed out of the race was, simply, race.

In 2001, DeLeon's colleague, Municipal Court Judge Lydia Kirkland, wanted the endorsement for Superior Court. Both DeLeon and Kirkland are African American, and the party felt that two minority candidates would not win statewide. Kirkland, like all the other Democrats, lost to Republicans.

DeLeon said he does not intend to step aside this time and that he has to work hard to gain the party's confidence.

He added that it would be difficult to run statewide and maintain his judicial schedule. "Of course my cases come first," said DeLeon.

One of his more recent high-profile cases involved basketball player Allen Iverson, when Iverson was arrested on charges of felony weapons, trespass and conspiracy and two misdemeanor charges of terroristic threats. DeLeon dismissed the felony charges, and the District Attorney's office later dropped the remaining misdemeanor charges.

Judge Cheryl Allen faces a double hurdle because she is an African-American woman. The only woman ever elected to the state Supreme Court is Sandra Schultz Newman. White men have dominated.

Only two African Americans have served on the state Supreme Court: the late Justice Juanita Kidd Stout, who was appointed in 1988, and Chief Justice Robert N.C. Nix Jr., who was first elected in 1972.

"There will have to be a first, so why not me?" said Allen.

"I know I am moving through unfamiliar territory but I don't believe that makes it insurmountable. When people relate to me as a human being, race and gender fall by the wayside."

In other supreme news, Supreme Court Justice Ron Castille is up for retention this year.

Democratic Superior Court candidates are: Philadelphia Common Pleas Court Judge Mark Bernstein, Municipal Court Administrative Judge Seamus McCaffery, Philadelphia attorney Sam Stretton, Cliff Rieders from Lycoming County, Claude Lord Shields from Schuylkill, Allegheny County Register of Wills David Wecht and Westmoreland County Common Pleas Court Judge John Driscoll.

It will be interesting to see how much Gov. Ed Rendell gets involved with the judicial elections. A former district attorney, Rendell favors merit selection over partisan politics but may stump for the Democrats, possibly giving them an edge over the Republicans.

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