June 10-16, 2004

political notebook

by Mary F. Patel

Judge Abraham?

Will District Attorney Lynne Abraham soon become a federal judge? Well, the rumor mill has her getting support from U.S. Sen. Arlen Specter to do just that. But why would a Republican senator help a Democrat? Word is that since Abraham aided Specter in his nasty primary battle against Patrick Toomey earlier this year, Specter is returning a favor.

Federal judges are nominated by the president and confirmed by the U.S. Senate; senators such as Specter, who sits on the Judiciary Committee, generally recommend candidates. There is one opening on the federal bench in the Eastern District, a vacancy that occurred when federal Judge Franklin S. Van Antwerpen moved up to the Third Circuit Court of Appeals.

If Abraham is nominated and confirmed this year, the Board of Judges in Common Pleas Court would select an interim DA to fill the vacancy until the next election, which is scheduled for November 2005.

Common Pleas Court President Judge Frederica Massiah-Jackson said that, if such a situation should occur, she would nominate a subcommittee of Common Pleas Court judges who would recommend qualified candidates to the Board of Judges, which is comprised of all 93 active judges on the court. From there, the judges would vote on the next interim district attorney.

In 1976, Abraham became the first woman to sit on Municipal Court. Four years later, she was elected as a Common Pleas Court judge. The Board of Judges appointed her to serve Ron Castille's remaining term in May 1991, when Castille resigned to run for mayor. Even though it was an off year for DA elections, one was held that November. Abraham won that race and ran for the office again in 1993 — the cyclical election year for DA — and won another term. (Castille, who lost that mayor's race to Ed Rendell, later won a seat on the state Supreme Court, where he still presides.)

Abraham, who's up for re-election next year, claims she is flattered by the speculation but has no interest in a federal judgeship.

"Those rumors are false," Abraham said. "I have not spoken to Arlen in 20 years, nor have I applied for a federal position. I am running for re-election and I will win."

Abraham said that if she were interested in the federal bench, U.S. Rep. Bob Brady, who is chairman of the city's Democratic Party, would know about it.

"I just co-hosted a fundraiser for Bob at the Union League," said Abraham, "and certainly I would have told him if I was considering it."

Specter's office did not return calls for comment.

Rumors of Abraham's federal appointment have led some to generate a list of names of possible successors including Common Pleas Court Judges Kevin Dougherty and Rayford Means, each of whom would have to resign his seat on the bench to run. (Dougherty and Means did not return calls for comment by press time.) Seth Williams, an attorney with Zarwin, Baum, has already made it clear that he intends to run for DA next year, whether Abraham runs as the incumbent or if it's open season.

"I don't think she'll be nominated," said Williams. "There is still that bad blood between her and Specter over the federal appointment of Judge Massiah-Jackson."

When Massiah-Jackson was being considered for a federal judgeship in 2001, Abraham opposed her nomination because she said Massiah-Jackson was not tough enough on criminals in her court. Specter had recommended Massiah-Jackson to President George W. Bush.

"If [Abraham] was to go on the federal bench, then I'm still in the race," said Williams. "The city needs a good DA who can get the city out of this mess."

Philly Remains Graceless

There will be no Grace Kelly museum coming to Philadelphia anytime soon. Gene London, former local children's television show host and couture collector, said his hopes of a museum here for the Philadelphia-born princess have fallen by the wayside.

"There's no money in the city now," said London, citing the budget problems and Mayor John Street's decision to cut the arts and culture funding.

London showed off some of Kelly's ball gowns, including the one she wore at her wedding, at a fundraiser for the Breast Health Institute last Wednesday night. A few years ago, London had been looking for a location for a Grace Kelly museum here.