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Dan Pellegrini
Dan Pellegrini was a senior judge on the Pennsylvania Superior Court. He began serving in that position in January 2019.
Pellegrini served on the Pennsylvania Commonwealth Court from 1990 to 2016. He was named president judge of the commonwealth court in 2012. From 2016 to 2019, Pellegrini served as a senior judge on the commonwealth court. From 2019 to 2023, Pellegrini served as a senior judge on the Pennsylvania Superior Court.
Education
Pellegrini received his B.A. from Duquesne University in 1967 and his J.D. from the Duquesne University School of Law in 1970.[1]
Career
- 2019-2023: Senior judge, Pennsylvania Superior Court
- 2016-2019: Senior judge, Pennsylvania Commonwealth Court
- 2012-2016: President judge, Pennsylvania Commonwealth Court
- 1990-2012: Judge, Pennsylvania Commonwealth Court
- 1982-1989: City solicitor, City of Pittsburgh
- 1978-1982: Deputy city solicitor, City of Pittsburgh
- 1976-1978: First assistant city solicitor, City of Pittsburgh
- 1973-1976: Assistant city solicitor, City of Pittsburgh[1]
Awards and associations
- Member, American Bar Association
- Member, Pennsylvania Bar Association
- Member, Allegheny Bar Association
- Trustee and Executive Committee Member, National Institute of Municipal Law Officers
- Member, American Association of Appellate Court Judges
- Lecturer, Pennsylvania Bar Institute[1][2]
Noteworthy cases
NRA appeal quashed because of procedural defect (2015)
The National Rifle Association (NRA) filed three lawsuits in early 2014 over gun laws in three Pennsylvania municipalities, including Pittsburgh. The suits were filed under Act 192, which allows for such suits in Pittsburgh. In March, Common Pleas Court Judge Judith L. A. Friedman issued a stay in the Pittsburgh lawsuit because the constitutionality of Act 192 itself was being challenged in the courts.
The NRA sought help from a higher court in getting the cases moving again. Unfortunately, their appeal was quashed by Pennsylvania Commonwealth Court President Judge Dan Pellegrini, largely because of a procedural defect. In order for the stay to be appealed to an appellate court, the lower court judge issuing the ruling must grant permission. The NRA did not ask Judge Friedman for permission.
According to the NRA's attorney, Judge Pellegrini's ruling can be appealed; the NRA is considering its options.
Articles:
Pellegrini to decide validity of same-sex marriage licenses
President Judge Dan Pellegrini must rule on whether a court clerk in Philadelphia can grant marriage licenses to same-sex couples. Arguments were made before Pellegrini on September 4, 2013, and he promised to come to a quick decision.[3]
D. Bruce Hanes, a married father of two, was both an elected register of wills and a clerk for the orphan's court in Montgomery County. On July 24, 2013, a month after the United States Supreme Court held unconstitutional parts of the federal Defense of Marriage Act, Hanes started granting same-sex marriage licenses, totaling 165 so far. He was described by his employees as a "romantic who gives each staff member a red rose on Valentine's Day," and was criticized by Montgomery County Commissioner Bruce Castor as a "man of principle and integrity, but [who is] a little idealistic and doesn't fully grasp what his role is as an executive officer."[4]
Pennsylvania's Health Department sought a court order to stop Hanes, and the American Civil Liberties Union filed a lawsuit in July 2006 contesting the state ban. Other legal issues on Pellegrini's plate include whether the Health Department has standing to bring a mandamus action against a government official, and if Hanes could be considered a judicial officer—in which case the Pennsylvania Supreme Court would have sole jurisdiction.[3]
Update: On September 12, 2013, Judge Pellegrini ordered Hanes to stop issuing the same-sex marriage licenses because he did not have the power to determine whether it was permitted by Pennsylvania's constitution, which provides that “all men are born equally free and independent, and have certain inherent and indefeasible rights, among which...[is] pursuing their own happiness."[5][6] Judge Pellegrini had to decide if Hanes' interpretation of the state constitution acted in violation of Pennsylvania's 1996 law, which states that a marriage can only be between a man and a woman and bans gay marriages or civil unions.[3] Pellegrini stated in his opinion that Hanes “admittedly failed to comply with his mandatory ministerial public duty under the Marriage Law by issuing marriage licenses to same-sex couples, by accepting the marriage certificates of same-sex couples, and by waiving the mandatory three-day waiting period, in violation of the express provisions of the Marriage Law.” Hanes said he was disappointed by the ruling and is considering an appeal. What remains unresolved, however, is the effect of Pellegrini's ruling on the marriage licenses that have already been issued.[6]
See also
External links
- The Unified Judicial System of Pennsylvania: President Judge Dan Pellegrini Biography
- List of judges of the Pennsylvania Commonwealth Court
Footnotes
- ↑ 1.0 1.1 1.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedbio - ↑ Biography of Dan Pellegrini from the Pennsylvania Commonwealth Court Historical Society
- ↑ 3.0 3.1 3.2 ABC News.com, "Judge Vows Quick Pa. Same-Sex Marriage Case Ruling," September 4, 2013
- ↑ NBC News.com, "Pa. judge hears arguments in landmark gay marriage case," September 4, 2013
- ↑ Pennsylvania General assembly: Pennsylvania Constitution, accessed September 12, 2013
- ↑ 6.0 6.1 NBC 10 Philadelphia, "Pa. Judge Orders Montco Court Clerk to Stop Issuing Same-Sex Marriage Licenses," September 12, 2013
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania
