Opposing op-ed articles appeared in the Philadelphia Inquirer in late October concerning the rejection in the House of a proposed State Commission to study State constitutional reform. Democratic Representative Dwight Evans supported the formation of the Commission on 10/23/2007, while Republican Representative Curt Schroder opposed it on 10/31/2007. Representative Evans called the proposed Study overdue. Representative Schroder called the bill to create the Commission, "delay and obfuscation".
Duquesne Law Professor Ken Gormley urged the retention of judges in the November 6 election: "Judging the Judges", 2007 WLNR 21240880, Pittsburgh Post-Gazette, 10/28/2007.
Colin McNickle suggests that recent instances of government subsidies to private companies may violate Art. VIII, section 8 of the Pennsylvania Constitution: "Lessons Unlearned 10 Years On", 2007 WLNR 21248722, Pittsburgh Tribune Review, 10/28/2007.
Paul Carpenter comments on proposed State Constitutional Amendment prohibiting teacher strikes: "Before Outlawing Teacher Strikes"..., 2007 WLNR 20616276, Morning Call, 10/19/2007.
The Associated Press reported on October 9, 2007 that former Supreme Court Justice Rolf Larsen, who was impeached and removed from office in 1994, has filed a lawsuit seeking pension benefits he claims were improperly denied to him.
Several media outlets reported on 9/8-9/9/2007
concerning the ongoing
controversy over the authority of the Pennsylvania Supreme Court to
suspend a sitting judge in the context of the recent suspension of Judge
Joyce.
In a decision without a majority opinion,
the Pennsylvania Supreme Court, on 6/20/2007, upheld the action of Judge
James of the Allegheny Court of Common Pleas in granting a media request
for a copy of an audiotape that was played at a preliminary hearing recording
conversation among defendant, victim, and victim's boyfriend. Justice
Saylor's opinion announcing the judgment of the Court held that the tape
is a "public judicial record". (Commonwealth
v. Upshur, __
A.2d __, 2007 WL 1771555 (Pa. 6/20/2007))
Judge R. Stanton Wettick of the Allegheny
Court of Common Pleas ruled on June 6 that the base year assessment system
permitted by State law is a violation of the tax uniformity provision,
Art. VIII, section 1, of the Pennsylvania Constitution. The ruling
will be stayed to allow the County to appeal the decision to the Pennsylvania
Supreme Court
Citizen Link reported the following on 5/16/2007
in regard to a suit challenging aspects of the Code of Judicial Conduct
in Pennsylvania:
Pennsylvania Judges Can Answer Political Questionnaires
"A federal judge Monday granted a preliminary injunction against Pennsylvania's
rules of judicial conduct, making way for judicial candidates to answer questions
about their views on legal and political issues prior to an election." <View
full article at Citizen Link>
It was widely reported in the
media on Friday, 4/20/2007, that the State Senate voted 49-1 to pass
legislation aimed at cutting the tie between state and federal judicial
salaries that had been part of the pay raise legislation of 2005. The
legislation now goes to the House.
It was widely reported in the
media that the Philadelphia City Council voted on Thursday, 3/15, to
place a referendum on the ballot at the May 15 Primary election asking
whether the City Charter should be amended to ban casinos within 1,500
feet of homes, churches and schools. This change would apparently
invalidate current plans for Philadelphia casinos. The referendum
raises significant State preemption issues and will be challenged in
court.
***On April 13, 2007, in a Per Curiam order without opinion,
the Pennsylvania Supreme Court issued a preliminary injunction forbidding
Philadelphia from placing the anti-casino referendum on the May 15 primary
ballot.
On Friday, March 2, 2007, Erie
County Common Pleas Judge John Bozza ruled that the Erie County indoor
public smoking ban was preempted by state law. Earlier, on December
22, 2006, Allegheny County Common Pleas Judge Michael A. Della Vecchia
upheld portions of an Allegheny County smoking ban against a similar
preemption challenge. According to a story in the Erie Times-News,
Judge "Della Vecchia called the pre-emption issue a 'legal quagmire.'
'If 10 different judges look at this matter, there could be 10 different
opinions.'"
The media reported widely on
the first of several hearings scheduled by the Senate Committee on State
Government on the subject of a possible limited state constitutional
convention. The hearing was held on 2/22/2007 at Duquesne University
School of Law. The co-directors of this web site, Dr. Joel Fishman
and Professor Bruce Ledewitz, both tesified.
It was widely reported on 2/16/2007 that a panel of Commonwealth
Court ruled that Superior Court Judge Joan Orie Melvin must take the
eleven percent pay raise the Pennsylvania Supreme Court reinstated for
the judiciary.
Colin McNickle argues in the
Pittsburgh Tribune Review on January 21, 2007, that several recent actions
by Governor Rendell and legislative leaders violate the Pennsylvania
Constitution: A "Novel" Concept to Grasp
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