League of Women Voters of Pa. v. Commonwealth

179 A.3d 1080
CourtSupreme Court of Pennsylvania
DecidedFebruary 5, 2018
DocketNo. 159 MM 2017
StatusPublished
Cited by16 cases

This text of 179 A.3d 1080 (League of Women Voters of Pa. v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
League of Women Voters of Pa. v. Commonwealth, 179 A.3d 1080 (Pa. 2018).

Opinion

WECHT, J.

On Friday afternoon, February 2, 2018, Legislative Respondents ("Applicants") filed an Application seeking my recusal in *1083this matter, which Intervenor Republican voters have joined. On Monday morning, February 5, 2018, Petitioners and Executive Respondents in the instant case (collectively, "Opponents") responded to the Application via three separate answers: one submitted by Petitioners ("Petitioners' Answer"); one submitted by Governor Thomas W. Wolf, Acting Secretary of State Robert Torres, and Elections Commissioner Jonathan Marks ("Governor's Answer"); and one submitted by Lieutenant Governor Michael J. Stack, III ("Lieutenant Governor's Answer") (collectively, the "Answers").1

A motion for disqualification is directed to and decided by the jurist whose impartiality is questioned. Commonwealth v. Travaglia, 541 Pa. 108, 661 A.2d 352, 370 (1995). The applicable standard of review for a motion seeking a jurist's recusal is as follows:

In disposing of a recusal request, a jurist must first make a conscientious determination of his or her ability to assess the case before the court in an impartial manner, free of personal bias or interest in the outcome. "This is a personal and unreviewable decision that only the jurist can make." Goodheart v. Casey, 523 Pa. 188, 565 A.2d 757, 764 (1989). Once satisfied with that self-examination, the jurist must then consider whether or not continued involvement in the case would tend to undermine public confidence in the judiciary. Id. In reviewing a denial of a disqualification motion, we "recognize that our judges are honorable, fair and competent. Once the decision is made, it is final.... Reilly by Reilly v. SEPTA, 507 Pa. 204, 489 A.2d 1291, 1300 (1985).

Travaglia, 661 A.2d at 370 (citations modified). Recusal is not to be granted lightly, lest a jurist abdicate his "responsibility to decide." Pa. Code of Judicial Conduct Rule 2.11(A) (hereinafter the Pa.C.J.C. or the "Code").

As Applicants note, the Code, Rule 2.11(A), provides that I must disqualify myself "in any proceeding in which [my] impartiality might reasonably be questioned." I may decide that this is the case when, while a candidate for judicial office, I "made a public statement... that commit[ted me] to reach a particular result or rule in a particular way in the proceeding or controversy." Id. 2.11(A)(5). I must not make "pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office" with respect to "cases, controversies or issues that are likely to come before the court." Id. 4.1(A)(12). Countervailing, "[u]nwarranted disqualification or recusal may bring public disfavor to the court and to the judge personally." Id. 2.7, cmt. 1 ("Responsibility to Decide)." Furthermore, the Preamble to the Code notes that it is not "intended to be the basis for litigants to seek collateral remedies against each other or to gain tactical advantages in proceedings before a court." Id. Preamble ¶ 7.

Applicants have excerpted several statements from hundreds of appearances that I made across Pennsylvania while campaigning for a seat on this Court in 2015. While a judicial candidate, I responded to many questions regarding my positions on subjects of interest to the voters of this Commonwealth, and I accordingly expressed my views on a broad range of legal issues. These issues included the lawfulness of partisan gerrymandering.

*1084Specifically, Applicants submit that my "position regarding the 2011 Plan, and, more generally, partisan map[-]drawing were clearly defined and cemented long before this case was initiated." Application at 6. They then excerpt a handful of comments made during my campaign for this office, including that "gerrymandering is an absolute abomination," "a travesty," "insane," and "deeply wrong." Id. at 6-7. I mentioned the thirteen-to-five split in favor of Republican representatives in Pennsylvania's House delegation against the background of a Democratic advantage in voter representation. Id. at 6. I further opined that "[e]xtreme gerrymandering is ... antithetical to the concept of one person, one vote." Id. at 7. These comments expressed my thoughts on the topic, something manifestly distinct from a clear commitment to rule in a certain way if presented with a specific challenge based upon a well-developed factual record and the benefit of full and fair advocacy.

Applicants' own chosen quotations also reveal a degree of equivocation and reserve on my part that defies their strongly-worded characterization of my putative prejudice on the particular questions that this case presents, which then were neither before the Court nor, to my knowledge, publicly anticipated. For example, in one instance in which I referred to the thirteen-to-five split, I elaborated as follows:

I'm not trying to be partisan, but I have to answer your question, frankly-. We have more than a million more Democrats in Pennsylvania, we have a state senate and state house that are overwhelmingly Republican. You cannot explain this without partisan gerrymandering. So I don't have a philosophy other than fidelity to our Constitution, and fidelity to our Constitution does not include drawing lines down the middle of streets or separating neighbors from one another. It doesn't include carving up municipalities. Our Constitution and its jurisprudence say that we ... are not supposed to divide up municipalities except where absolutely necessary. We are supposed to have ... compact and contiguous districts. And I challenge anybody to look at the map of our districts and deem them to be compact and contiguous.

Id. at 7-8. On another occasion, I made clear that my thoughts on the matter were distinct from how I might rule on a hypothetical challenge:

Right nearby here, by way of just one example, Montgomery County, a county or two over here, is represented in pieces by I think 5 different members of Congress. That's unbelievable. So I don't know and I can't tell you what the map would be, and it's not for me to say, and I don't know how I would rule on any given map.

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Bluebook (online)
179 A.3d 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/league-of-women-voters-of-pa-v-commonwealth-pa-2018.