Friday, 14 September 2012

PA Supreme Court one judge short

The Legal Intelligencer published an editorial this week, titled "Absence of Seventh Justice Impairs Court's Ability to Act," commenting on the current situation of the PA Supreme Court since Justice Joan Orie Melvin was suspended earlier this year. This leaves the Court with 6 justices, which is a concern because it is very possible that there will be 3-3 split decisions and default affirmation of appellate court rulings.  The editorial points out that the result of this is that the PA appellate courts - Superior Court and Commonwealth Court - may be the last stop in the state judicial process. Says the Intelligencer: "This is madness. Members of the appellate bar and law professors agree that the votes will effectively neutralize the Supreme Court in many cases and leave in place rulings that litigants believe are dubious at best."

hat tip:  Joel Fishman

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