A guest column today by Russ Diamond on the lawsuit against the Pennsylvania Supreme Court and threats made by Chief Justice Ron Castille against the League of Women Voters and its attorney for bringing the lawsuit.Disorder in the Court
By Russ Diamond
Any hope for independent and impartially dispensed justice in Pennsylvania took a turn for the worse this week, as Chief Justice of the Supreme Court Ronald Castille further revealed his true temperament in response to yet another round of criticism of the Court.
Bristling over a federal lawsuit filed by the apolitical League of Women Voters alleging stunningly corrupt actions by former Chief Justice Ralph Cappy that violated the League's due process rights, Castille threatened to use the iron fist of disciplinary action against League attorney Paul Rossi.
The outburst was a repeat of Castille's thinly veiled threat against Duquesne law professor Bruce Ledewitz last year after Ledewitz rightly called the Court's ruling retaining its clearly unconstitutional pay raise a "judicial swindle." That threat, made in the form of a letter to the law school that shocked the public and the Chairman of the Senate State Government Committee, led a Pittsburgh newspaper to cast Castille in the role of a "petty tyrant."
Last December, Castille prematurely divulged information about a Court decision regarding casino owner Louis DeNaples to a Philadelphia newspaper columnist outside a bar in New York City. The League's suit alleges that Castille made a similarly inappropriate early admission regarding the Court's 2006 slots law ruling with a "wink and a nod" to a member of the General Assembly.
In April, Castille lashed out at the Senate for its unwillingness to rubber-stamp the Governor's unilateral picks to fill four vacant seats on the appellate courts. For someone who proclaimed a desire to de-politicize the Court upon ascending to its top spot, Castille has only further embroiled the entire judicial system in petty political battles.
In the unlikely event the League's allegations are found to be completely baseless, the public threat to its counsel by Castille poisons any subsequent disciplinary action that may be undertaken. His indiscretion regarding not-yet-public rulings is a sign of an inability to deliver the dignity his position demands. His aggressiveness toward the Senate indicates a level of impatience unacceptable for any sitting judge.
Considering that the Supreme Court ultimately lords over the entire judicial system, the legal profession and the disciplinary processes for judges and lawyers, how can any Pennsylvanian have confidence in the courts with Castille at the helm? How can any citizen enter any court of this Commonwealth and expect rational justice to be dispensed while Castille is ranting and bullying from the apex of the judicial pyramid?
Less than five months into his tenure as the state's top judge, Castille's conduct indicates that he is not suited for the position. Although he expects Pennsylvanians to respect his authority, such authority must first be wielded with respectability.
While the League's federal complaint illustrates some of the underlying reasons for Pennsylvania's crisis of confidence, Castille's thuggish approach exacerbates it.
Pennsylvania cannot afford to wait until 2013 — when Castille is scheduled for a retention vote — to clear the decks and start rebuilding citizen confidence. For the good of the Commonwealth he should resign, effective immediately, and allow another jurist with a more appropriate temperament assume the duties of Chief Justice.
In the absence of a voluntary resignation, members of the General Assembly who are truly concerned about Pennsylvania's future should explore the possibility of removing Castille from office for his short but shockingly effective role in undermining public confidence in the judicial system.
Russ Diamond is founder and chairman of PA Clean Sweep, a citizens group pushing for reform of Pennsylvania government. Fore more information, visit www.pacleansweep.com
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