League of Women Voters of Pa. v. Commonwealth

179 A.3d 1080 (Pa. 2018) · Supreme Court of Pennsylvania · February 5, 2018

Summary

Justice Wecht explains his denial of Legislative Respondents' application seeking his recusal in Pennsylvania's congressional redistricting litigation. He concludes that the application was untimely because the campaign statements supporting it were publicly available and the challenge was filed only after an adverse order. He also addresses the context of his statements, Pennsylvania's judicial-conduct rules, and the First Amendment implications of judicial-candidate speech.

Holdings

  1. A party seeking recusal or disqualification must raise the objection at the earliest possible moment, when the party knows or should have known the facts forming the basis of the challenge; an application filed after an adverse ruling based on publicly available facts is untimely.
  2. A judicial candidate's expression of views on legal issues does not, without a clear commitment to reach a particular result in a specific proceeding, require recusal when the statements are considered in context and the judge remains able to decide the case impartially.
  3. Due process did not require Justice Wecht's recusal because his general views on partisan gerrymandering did not involve personal participation in the litigation, a pecuniary interest, or another constitutionally recognized basis for disqualification.

Questions Presented

  1. Whether the application to disqualify Justice Wecht was timely when filed after an adverse order despite the applicants' earlier actual or constructive knowledge of the public campaign statements.
  2. Whether Justice Wecht's campaign statements criticizing partisan gerrymandering created a reasonable question about his impartiality or otherwise required recusal under Pennsylvania's Code of Judicial Conduct.
  3. Whether due process required Justice Wecht's disqualification based on his views concerning partisan gerrymandering.

Disposition

other

Cases Cited (15)

  • Commonwealth v. Travaglia, 541 Pa. 108, 661 A.2d 352, 370 (1995)(followed)
  • Goodheart v. Casey, 523 Pa. 188, 565 A.2d 757, 763-764 (1989)(followed)
  • Reilly by Reilly v. SEPTA, 507 Pa. 204, 489 A.2d 1291, 1300-1301 (1985)(followed)
  • Reilly by Reilly v. SEPTA, 330 Pa. Super. 420, 479 A.2d 973, 988 (1984)(followed)
  • Lomas v. Kravitz, 170 A.3d 380, 389-390 (Pa. 2017)(followed)
  • Republican Party of Minnesota v. White, 536 U.S. 765, 122 S. Ct. 2528, 153 L. Ed. 2d 694 (2002)(followed)
  • Duwe v. Alexander, 490 F. Supp. 2d 968, 977 (W.D. Wis. 2007)(considered)
  • In re Stevenson, 615 Pa. 50, 40 A.3d 1212, 1221 (2012)(followed)
  • Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813, 828, 106 S. Ct. 1580, 89 L. Ed. 2d 823 (1986)(followed)
  • Tumey v. Ohio, 273 U.S. 510, 523, 47 S. Ct. 437, 71 L. Ed. 749 (1927)(followed)

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