A state Commonwealth court judge said that the seven articles of impeachment against Philadelphia District Attorney Larry Krasner did not meet the requirement for removing him for office.
Judge Ellen Ceisler said in an order issued Friday that “none of the Amended Articles of Impeachment satisfy the requirement imposed by Article VI, Section 6 of the Pennsylvania Constitution that impeachment charges against a public official must allege conduct that constitutes what would amount to the common law crime of “misbehavior in office,” i.e., failure to perform a positive ministerial duty or performance of a discretionary duty with an improper or corrupt motive.”
What the order means in terms of moving forward is unclear.
Ceisler’s order did not state that the impeachment proceedings should cease. Krasner is scheduled to face a trial in the state Senate beginning January 18.
“We are reviewing the order and will provide an appropriate response once we have had time to evaluate,” said Erica Clayton Wright, spokesperson for Senate Republicans, to the Philadelphia Inquirer.
Ceisler’s order did state that an opinion would follow, although no timeline was provided.
The judge did deny two arguments from the embattled Philly DA, stating that “the General Assembly’s power to impeach and try a public official is judicial in nature and, thus, is not affected by the adjournment of the General Assembly or the two-year span of each General Assembly iteration’s legislative authority,” as well as “all public officials throughout the Commonwealth are subject to impeachment and trial by the General Assembly, regardless of whether they are local or state officials.”
House Republicans have accused Krasner, a Democrat, of enacting policies that have fueled the city’s shooting crisis, among other issues. The GOP-controlled state House approved the seven articles of impeachment against him last month, sending the case to the state Senate for a trial.
Ceisler mentioned during a Thursday hearing that “It seems to me that these impeachment proceedings are based on disagreement with public policy and an elected official’s discretion. I think that this proceeding could set terrible precedent in the future.”
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7 Responses
It’s dangerous to ask our state courts to rubber stamp a blatantly political maneuver sacking a DA only because State Reps from cow towns don’t like him. Democracy declines when the tyranny of the political minority ie State House R’s reigns.
Four Commonwealth Court judges, sitting as an en banc panel, heard the Krasner matter on Thursday. The panel included President Judge Cohn Jubelirer and Judges McCullough, Wojcik and Ceisler. It would appear that Judge Ceisler’s order on Friday represents the decision of the en banc panel, with no dissents noted.
Watch GOP go ahead and waste taxpayer funds and time on an impeachment trial that Commonwealth Court has ruled does not meet standards of the PA Constitution. Political theater at its worst.
Are the Ds going to waste money on setting special elections on a date other than the a primary? ….???
Bryan Cutler was the FIRST to say that February 7 was a great date to have a Special Election. Are you saying he’s stupid?
Yes
Are the Republicans going to waste money trying to delay the inevitable just to cling to power for a few more months?