It’s one of the most closely-watched races in the country and it takes place in our backyard on November 7.

The Pennsylvania Supreme Court open seat has some calling the race between Republican Carolyn Carluccio and Democrat Dan McCaffery about the future of the court and the people of Pennsylvania. Issues such as redistricting, mail ballots, voting rights, and reproductive rights may be revisited and a new direction forthcoming for the state.

Dating to 1684, the Supreme Court is the highest court in the Commonwealth and the oldest appellate court in the nation. The Supreme Court’s administrative powers and jurisdictional responsibilities are vested with the seven-member court by the Pennsylvania State Constitution and a collection of statutes known as the Judicial Code. Administratively, the courts within the Unified Judicial System are largely responsible for organizing their own staff and dockets; however, the Supreme Court has several committees and boards responsible for writing and enforcing rules for judges, attorneys, and litigants to ensure an efficient and fair judicial review. Annually, the seven justices receive over 3,000 requests for appellate review.

The Court most often reviews (1) Requests for discretionary appeals from the Commonwealth Court and Superior Court; (2) Direct Appeals from a lower court’s decision, including when a sentence of death is issued; (3) Requests to intervene in a lower court’s proceedings; (4) Requests to deliver a body from illegal detention.

This year’s race will not reverse the Democratic majority on the bench (4-2). However, some feel that majority could fade quickly, as all four incumbent Democratic justices will either face retention or reach their mandatory retirement age by 2027.

Justices serve 10-year terms with no term limits. However, they must retire at age 75. If they reach that age mid-term, they step down and an election to replace them is held in the next odd year. The governor may appoint a replacement to serve in the interim, but two-thirds of the state Senate must approve of the choice.

Carolyn Carluccio

Age: 63
County: Montgomery
Occupation: Court of Common Pleas Judge
Education: B.A., Dickinson College ’82, J.D., Widener University School of Law ’85
Qualifications: First female President Judge of the Montgomery County Court of Common Pleas serving in the Criminal, Family, and Civil Court Benches. Montgomery County Chief Deputy Solicitor, Director of Human Resources, Chief Public Defender, Assistant United States Attorney.
Bar Association: Highly Recommended | Personal Data Questionnaire
Social Media: Website | Facebook | Twitter | Instagram

Q: Pennsylvania’s three co-equal branches of government – Executive, Legislative, and Judicial – each act as a check on the power of the others. In practical terms, what does this relationship of checks and balances mean to you?

A: Our system of checks and balances is vital to our democracy and should be carefully guarded. We must ensure one branch does not overstep its authority. For the Executive Branch, it could be excessive Executive Orders which can circumvent Legislative powers. For the Judiciary, it is legislating from the bench which can also circumvent Legislative powers. The Judiciary also has the duty of ensuring that Legislative and Executive actions do not overstep their constitutional roles. It’s critical that the Judiciary only applies the law as it is written in the Pennsylvania and United States Constitutions. Inappropriate actions taken by the Executive branch and even the Judiciary takes power from our legislature which is closest to the people.

Q: What criteria would you consider in deciding a case that could affect long standing precedent?

A: In deciding a case that could affect long-standing precedent, just as in any case that comes before me, I will apply the law as it is written in the constitution. Justices of the Pennsylvania Supreme Court must not allow themselves to be swayed by the media, Executive or Legislative branches, and certainly not by the popular opinion of the day. Even our own personal beliefs must be tempered to ensure that the Judiciary remains unbiased and only make rulings based on the law.

Q. Why do you wish to become a Justice or Judge? 

A. I’m running for two reasons. First, I have a passion for the law. The American system of justice is exceptional as we are all equal under the law. Second, like all Pennsylvanians I want a justice system that is fair and impartial.

Statement

“Pennsylvanians want impartial and experienced judges to apply the law as written and not legislate from the bench. One issue that’s dominating headlines is women’s reproductive rights. Don’t be fooled by fear-mongering. In Pennsylvania, women’s reproductive rights are already protected by Pennsylvania law. I will uphold that law, and only the Governor and State Legislature can change it.”

Dan McCaffery

Age: 59
County: Philadelphia
Occupation: Judge of the Pennsylvania Superior Court
Education: B.A., Temple University ’88; J.D. Temple University School of Law ’91
Qualifications: 32 years as an attorney, trial and appellate court judge, tried more cases and
presided over more litigation than any other candidate. Highly Recommended by the PA Bar, the only Veteran on PA’s Appellate Courts. Judge, Court of Judicial Discipline, supervising judge for PA wiretap applications.
Bar Association: Highly Recommended | Personal Data Questionnaire
Social Media: Website | Facebook | Twitter | Instagram

Q: Pennsylvania’s three co-equal branches of government – Executive, Legislative, and Judicial – each act as a check on the power of the others. In practical terms, what does this relationship of checks and balances mean to you?

A: In its most general terms, as it pertains to the question, the court has a duty to ensure the Constitutional rights of the people are appropriately applied and protected. I would describe my approach to constitutional interpretation as “Living Constitution” – meaning that the constitution was intentionally drafted using broad language to allow its concepts to evolve with changing societal conditions. As to my approach to interpreting rules, legislation & statutes, I would describe myself as a textualist in that I attempt to give a common sense meaning and will give the intent to apply a reasonable analysis to interpret any ambiguous word or provision.

Q: What criteria would you consider in deciding a case that could affect long standing precedent?

A: Every case must be considered based on the facts of the individual case, the laws pertaining to the case and were the appropriate Constitutional rights and protections fairly applied to the people and case in question.

Q: Why do you wish to become a Justice or Judge? What special strengths do you feel you possess that would particularly well qualify you for the position of Justice or Judge?

A: Democratic institutions including the judiciary are under duress. These attacks have undermined the confidence of the American public in our courts. If elected, my priority will be to approach every case in a non-partisan manner. I will use my best efforts to restore faith in the judicial branch of government.

My 32-year career has included the widest possible experience in both criminal and civil litigation, municipal governance and judicial experience at both the trial and appellate level. Further, my business experience in law firm marketing, growth and management have prepared me for the administrative aspect of the Supreme Court.

Statement

“I am the son of Irish immigrants who fled their home to escape sectarian violence and to make a better life for their children. My parents joined unions, worked hard to support their family, and retired with dignity and pensions. Their example led me to a life of service: first in the military, then as a lawyer, now as a judge. The law is the vehicle that drives society toward a more level playing field. I have always worked to make our society more fair, inclusive, and accepting. Pennsylvanians deserve a justice who will always protect, obey, and defend the constitution. I believe I am that person.”