Chief justice warns League, attorney of repercussions

Wednesday, May 21, 2008
BY SHARON SMITH AND CHARLES THOMPSON
Of The Patriot-News

The chief justice of the Pennsylvania Supreme Court said the League of Women Voters "slanders" the court and its former chief justice in a federal lawsuit, and he warned the group and its attorney could face repercussions.

The lawsuit claims that one or more of the state Supreme Court justices used the League of Women Voters' 2005 legal challenge of the state slots law as leverage for the legislative and judicial pay raise of 2005.

In a statement Tuesday, Chief Justice Ronald Castille wrote that the suit "slanders the entire Supreme Court of Pennsylvania with baseless and irresponsible charges."

"The filing parties may have subjected themselves to sanctions, and the attorney may have subjected himself to disciplinary action," he wrote.

Former Chief Justice Ralph Cappy is the only defendant named in the suit, which cites information from unnamed lawmakers.

The league's lawsuit claims that prior to a decision on the slot machine case, Cappy entered into secret talks with lawmakers to secure a pay raise for state judges. The suit states Cappy acted with the knowledge of Gov. Ed Rendell.

Chuck Ardo, Rendell's spokesman, dismissed the allegations in the lawsuit.

"It's illogical to assume such negotiations took place, but we will await the results of the suit, and we hope the truth comes out in the end," Ardo said.

Cappy, who resigned in January, denied the allegations in a statement issued Tuesday.

"I do not understand why a respected organization such as the League of Women Voters would associate itself with this irresponsible lawsuit," he wrote.

Paul A. Rossi, the lawyer for the League of Women Voters, said the group is not claiming the state Supreme Court changed its vote on the slots' lawsuit because of the pay raise. But Rossi said the League's right to due process was violated because there was an appearance of impropriety between the Legislature and the justices.

"Justices in this state are too chummy with the executive and legislative branches," Rossi said. "That's what this case is about."

A law professor with expertise on state and federal courts said Castille's comments against the League and Rossi are out of bounds.

"It's totally inappropriate for the chief justice to threaten a lawyer for allegations made in federal court against the courts or any judge," said Bruce Ledewitz of the Duquesne Law School.

Ledewitz did not comment on the suit. But in general, the appearance caused by justices lobbying for the pay raise leads him to believe judges should be barred from meeting privately with elected officials on public matters, he said.

Several lawmakers who were close to the pay raise discussions denied that they were tied to voting for the slots law.

"I never ever heard, ever, that such a thing was taking place, and I don't believe it ever happened,"said Robert Jubelirer, the former Senate president pro tempore from Blair County.

Jubelirer was one of the proponents of the 2005 pay raise for state officials, and that was a factor in his loss in 2006. But like most Republicans, he opposed the slots bill.

House Minority Leader Sam Smith, R-Jefferson, expressed outrage. He was mentioned in the suit because an unnamed House member stated that he saw Castille and Supreme Court Justice J. Michael Eakin at Smith's office for a meeting during the time of the negotiations on the slots law.

In a statement, Smith said any tie to allegations of impropriety are "reckless and beyond frivolous." He opposed the slots gambling law.

Members from all four legislative caucuses contacted Tuesday said they had no knowledge of any meetings in which Cappy tied the pay raise to pending cases.

If the federal court finds that there is truth to the allegations, that could mean the underlying slots lawsuit would have to be reheard, said I. Nelson Rose, a legal expert on gambling issues.

"It has to be reheard," he said, "just like any lawsuit if the judge has been bribed."

SHARON SMITH: 255-4152 or sharonsmith@patriot-news.com