David N. Wecht

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David Wecht
Image of David Wecht

Democratic Party

Pennsylvania Supreme Court

Tenure

2016 - Present

Term ends

2026

Years in position

5

Education

Bachelor's

Yale University, 1984

Law

Yale University, 1987

Contact

Official website

David Wecht (Democratic Party) is a judge of the Pennsylvania Supreme Court. He assumed office on January 7, 2016. His current term ends on January 4, 2026.

On March 17, 2020, Wecht announced a self-quarantine after one of his children tested positive for coronavirus.[1] Click here for more information on political figures impacted by coronavirus.

Education

Wecht received his B.A. in 1984 and his J.D. in 1987 from Yale University.[2][3]

Career

Elections

2015

See also: Pennsylvania judicial elections, 2015
Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. The filing deadline for candidates was March 11, 2015.

The following candidates ran in the general election.
Pennsylvania Supreme Court, Three seats, General Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.png Kevin M. Dougherty 18.5% 1,079,835
     Democratic Green check mark transparent.png David N. Wecht 18.4% 1,070,568
     Democratic Green check mark transparent.png Christine Donohue 18.2% 1,059,167
     Republican Judith Olson 15.2% 887,409
     Republican Michael A. George 13.6% 796,124
     Republican Anne Covey 13.6% 795,330
     Independent Judicial Alliance Paul P. Panepinto 2.5% 144,403
Write-in votes 0% 0
Total Votes 5,832,836
Source: Pennsylvania Department of State, "Unofficial General Election Results," November 3, 2015

The following candidates ran in the Democratic primary.
Pennsylvania Supreme Court, Three seats, Democratic Primary, 2015
Candidate Vote % Votes
Green check mark transparent.png David N. Wecht 22.1% 256,761
Green check mark transparent.png Kevin M. Dougherty 22.0% 256,048
Green check mark transparent.png Christine Donohue 21.4% 248,325
Anne Lazarus 16.3% 189,127
Dwayne D. Woodruff 11.7% 136,127
John H. Foradora 6.6% 76,190
Write-in votes 0% 0
Total Votes 1,162,578
Source: Pennsylvania Department of State, "2015 Municipal Primary Unofficial Results," May 19, 2015

Campaign themes

“

1. Absolute ban on all gifts to judges

The opportunity to serve as a judge is a solemn responsibility and a public trust. It should not include an opportunity to reap profit from others through the receipt of gifts. The exchange of favors has no place in the judicial process. Gifts to judges, be they golf junkets or trinkets, should be banned completely.

2. Tightened Anti-Nepotism Policy; Sunset Employment of Judges’ Relatives

Pennsylvania’s Code of Judicial Conduct was finally revised in 2014 to ban longstanding and shameful practices of nepotism. However, while the Code bans judges from hiring their relatives in the future, it says (and does) nothing about the fact that many judges already have their relatives on the public payroll, and that this nepotism continues unchecked. This has to stop. Our Supreme Court should impose a reasonable sunset period (perhaps five years) to allow judges’ family members to find other work -- work outside the chambers and courtrooms of their judicial kin.

3. Require judges to rule on the record or in writing on all motions for recusal

Pennsylvania’s Code of Judicial Conduct calls for judges to recuse themselves in circumstances where their impartiality can reasonably be questioned. The Code should be revised to require judges whose recusal is sought to state on the record their reasons for granting or denying the motion, so all circumstances can be viewed in the light of day, both by the reviewing court and by the public as a whole.

4. Mandated ethics courses for all judicial candidates

We entrust our judges with tremendous power over the lives of others. Recent events have shown that those to whom this power is granted can go seriously astray. Before further abuses occur, it is critical that all who seek judicial office be required to complete a course in judicial ethics. It is not too much to ask judicial candidates to acquire a basic familiarity with best practices in the essential area of proper conduct.

5. Television broadcast of court proceedings

Citizens have an interest, and indeed a right, in knowing what transpires in the courtrooms that they pay for and where justice is done in their name. All proceedings in every Pennsylvania court are presumptively open, and this openness mandated by our Constitution should include television access so that the openness is real. All Pennsylvanians should have the opportunity to view proceedings wherever they may be. Technology allows for such broadcasting to be performed unobtrusively and without distraction. Judges should be afforded the discretion to close proceedings to television in appropriate circumstances, such as cases involving child abuse, certain sexual offenses, matters requiring a measure of confidentiality, and other special situations. [4]

”
—Wecht 2015 (2015)[5]

Recommendation

Wecht was highly recommended by the Pennsylvania Bar Association based in part on his "forward-thinking approach to the law, unquestioned legal ability, integrity and judicial temperament."[6]

Race background

Three open seats were up for grabs on the Pennsylvania Supreme Court in 2015. Going into the primary, there were 12 candidates running for the court. One open seat was the result of the retirement of Chief Justice Ronald Castille in December 2014. The other two seats were made vacant by resignations. In May 2013, Justice Joan Orie Melvin resigned after her conviction for campaign corruption. The second resignation occurred in October 2014, when Justice Seamus P. McCaffery left the court due to both his implication in an FBI investigation involving the exchange of referral fees between his wife and several law firms, and his involvement in a scandal wherein sexually explicit emails were forwarded from his personal email account to court employees.

Justice Correale Stevens was appointed to the bench by Governor Tom Corbett (R) in June 2013 to replace Joan Orie Melvin. He ran unsuccessfully in 2015 to keep his seat on the court.[7]

Campaign finances in the primary

May reporting period
The candidates for the May 19 primary had $2,127,498.74 in cash on hand as of the last pre-primary reporting period. Michael A. George (R) had the most cash on hand at $497,325.16, while Rebecca L. Warren (R) had the lowest total at $2,574.97. The biggest contribution during this reporting period was $50,000 from Ronald Caplan, president of PMC Property Group, to Democratic candidate Kevin M. Dougherty.

April reporting period
Three candidates reported campaign war chests exceeding $500,000 in finance reports filed on April 7. Kevin M. Dougherty (D) took the cash-on-hand lead with $584,666.22 in the bank, followed by David N. Wecht (D) at $546,220.24 and Michael A. George (R) at $508,459.63. Eight of the nine remaining primary candidates totaled approximately $898,000 on hand by early April, with Rebecca L. Warren (R) having a negative cash balance. The fundraising advantage through March rested with Democratic candidates, who totaled $1.94 million on hand compared to $595,000 for Republican candidates.[9]

April 8 candidate forum

A candidate forum at the Free Library of Philadelphia on April 8 showcased candidate concerns over the influence of money in judicial elections. Five candidates participated in the forum: Anne Lazarus (D), John H. Foradora (D), David N. Wecht (D), Dwayne D. Woodruff (D) and Cheryl Lynn Allen (R). All of the candidates at the forum argued that more campaign cash presented issues for judicial races, though none believed that eliminating elections would be the right solution. Foradora argued that campaign cash potentially damages the court's integrity, while Woodruff suggested that higher finance requirements presented a barrier to entry for qualified candidates. Allen advocated for nonpartisan elections as a counterweight to increasing partisanship on the court.[11]

Failed nominations

In February 2015, Governor Tom Wolfe nominated both Ken Gormley, a law professor for the Duquesne University School of Law, and Judge Thomas Kistler of the Centre County Court of Common Pleas. However, after a Christmas email sent by Kistler and a halt to confirm Gormley, Wolfe said he planned no further nominations to the Pennsylvania Supreme Court.[12]

Kistler asked that his nomination be withdrawn after a report surfaced of a racially insensitive e-greeting sent out by Kistler to friends in 2013. The e-greeting depicted a black couple, with the male wearing prison garb behind a glass window and his female visitor speaking to him via a jailhouse phone. The caption attached to the e-greeting said, "Merry Christmas from the Johnsons," and Kistler sent the greeting with a subject heading of "Best Christmas card ever."[13]

Gormley's nomination came under scrutiny when reports of harassment complaints filed in 2006 against Gormley were circulated among the Senate Judiciary Committee. An internal Duquesne University report, which had been cited in a lawsuit filed against Gormley, recommended that Gormley not supervise women because he had shared "an unsubstantiated rumor" regarding a female professor. The suit was later settled by the female professor and the university.[13]

2011

Wecht ran for a seat on the Pennsylvania Superior Court in 2011. He ran unopposed in the Democratic primary on May 17 and defeated Vic Stabile in the general election, winning 54.6 percent of the vote.[14][15][16]

See also: Pennsylvania judicial elections, 2011

Judicial philosophy: recusals

During the 2011 campaign, The Patriot-News newspaper asked candidates for the statewide races when it would be appropriate for a judge to recuse herself or himself from a case. In response, Wecht said, "My approach is to be overly transparent and abundantly cautious if there is any sign of a conflict of interest."[17]

Bar rating

Wecht was rated as Highly Recommended by the Pennsylvania Bar Association.[18]

Endorsements

  • Pennsylvania Democrats[19]
  • Fraternal Order of Police
  • Pennsylvania AFL-CIO
  • Pittsburgh Police
  • Steel City Stonewall Democrats
  • United Mine Workers of America
  • District Council 47 AFSCME
  • Pennsylvania State Building and Construction Trades Council
  • Gertrude Stein Political Club of Greater Pittsburgh
  • Pennsylvania Fraternal Order of Police
  • Pennsylvania National Organization For Women
  • Allegheny County Labor Council
  • Council 13 AFSCME
  • International Association of Fire Fighters - Local 22
  • Service Employees International Union
  • U.S. Sen. Bob Casey[20]

Noteworthy cases

Wolf v. Scarnati (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Wolf v. Scarnati: On July 1, 2020, the Pennsylvania Supreme Court ruled against legislative Republicans in favor of Gov. Tom Wolf (D), upholding his ability to maintain COVID-19 shutdown orders. The lawsuit stemmed from Wolf’s March 6, 2020, emergency disaster proclamation, which he renewed on June 3, 2020. On June 9, 2020, the Pennsylvania General Assembly adopted a concurrent resolution, HR836, seeking to terminate the disaster emergency, which was not presented to the governor for approval or veto. The governor did not comply. Three Republican state senators filed a complaint in the Commonwealth Court, asking the court to command Wolf to comply with their resolution by "issuing an executive order or proclamation ending the state of disaster emergency." Wolf asked the state supreme court to exercise extraordinary jurisdiction, thus removing the case to the high court. The state supreme court held that HR836 is a legal nullity because the Pennsylvania Constitution requires that concurrent resolutions relating to emergency declarations be presented to the governor for approval or veto. As the General Assembly did not do so, the court refused to order Wolf to end the shutdown, stating, "The Pennsylvania Constitution does not empower the legislature to act unilaterally to suspend a law, and the Governor’s purported suspension of law did not violate the non-delegation doctrine." Justice David N. Wecht wrote the court's opinion, which Justices Max Baer, Debra Todd and Christine Donohue joined. Justice Kevin M. Dougherty filed a separate opinion, concurring and dissenting in part.[21]

No retroactive increase in sex offender registration periods

In Commonwealth v. Muniz, the Pennsylvania Supreme Court ruled that Pennsylvania’s Sex Offender Registration and Notification Act (SORNA) could not apply retroactively to a defendant who was found guilty of a sex crime before the legislation took effect.[22] The court ruled that SORNA’s registration requirements constituted a criminal punishment and that the ex post facto clauses of the U.S. and Pennsylvania Constitutions prevented the state from punishing defendants beyond what the law allowed at the time of his or her crime. Justice Wecht joined in the majority's judgment but authored a concurring opinion.

Recent news

The link below is to the most recent stories in a Google news search for the terms David Wecht Pennsylvania Supreme Court. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

David N. Wecht - Google News

Noteworthy events

Pennsylvania Supreme Court justice expresses misgivings about judicial deference (2020)

Pennsylvania Supreme Court Justice David N. Wecht on July 21 issued a concurring opinion in Crown Castle NG East LLC and Pennsylvania-CLE LLC v. Pennsylvania Public Utility Commission expressing what he called “deep and broad misgivings” about the court's practice of deferring to state agency interpretations of statutes and regulations.[23]

The case challenged the Pennsylvania Public Utility Commission’s (PUC) interpretation of a statute governing public utilities. The PUC argued that the court should defer to its statutory interpretation because of the subject matter’s highly technical nature. The court, however, refused to defer to the PUC’s interpretation because it found the statute in question to be clear and unambiguous.[23]

“A court does not defer to an administrative agency’s interpretation of the plain meaning of an unambiguous statute because statutory interpretation is a question of law for the court,” wrote Justice Sallie Updike Mundy in the opinion.[23]

In a concurring opinion, Justice Wecht expressed uncertainty about the court's deference practices. Wecht pointed to the lack of clarity surrounding the court’s approach to deference, arguing that the court’s deference doctrines aren’t clearly distinguishable and have been, in their words, "thrown together over time.”[23]

Ballotpedia tracks state approaches to judicial deference as part of The Administrative State Project. Since 2008, Wisconsin, Florida, Mississippi, Arizona, and Michigan have taken executive, judicial, or legislative action to limit or prohibit judicial deference to state agencies as of August 2020. Click here to find out more.[23]

Decision to self-quarantine for coronavirus on March 17, 2020

See also: Government official, politician, and candidate deaths, diagnoses, and quarantines due to the coronavirus (COVID-19) pandemic, 2020-2021

On March 17, 2020, Wecht announced a self-quarantine after one of his children tested positive for coronavirus.[24]

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See also

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External links

Footnotes

  1. ↑ Fox 43, "Pennsylvania Supreme Court Justice David Wecht in self-quarantine for coronavirus," March 17, 2020
  2. ↑ 2.0 2.1 Cite error: Invalid <ref> tag; no text was provided for refs named bio
  3. ↑ Trib Live “David Wecht sworn in to Pennsylvania's highest court,” accessed January 11, 2016
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ Wecht 2015, "The David Wecht Five-Point Plan: Revamping Judicial Conduct and Transparency," accessed April 26, 2015
  6. ↑ Pennsylvania Bar Association, "Judicial Evaluation Commission Releases 2015 Judicial Ratings," accessed March 12, 2015
  7. ↑ TribLive.com, "Much at stake as 16 vie for historic 3 vacancies on Pa. Supreme Court," January 11, 2015
  8. ↑ Pennsylvania Department of State, "Campaign Finance Online Reporting," accessed May 18, 2015
  9. ↑ TribLive, "3 candidates for Pennsylvania Supreme Court have more than $500k on hand for primary election," April 7, 2015
  10. ↑ Pennsylvania Department of State, "Campaign Finance Online Reporting," accessed April 22, 2015
  11. ↑ Philly.com, "5 running for Pa.'s top court agree: Judicial races cost too much," April 8, 2015
  12. ↑ Gavel Grab.org, "Meltdown for Pennsylvania Court Nominee Package," February 24, 2015
  13. ↑ 13.0 13.1 Philly.com, "Two Supreme Court nominees under fire," February 22, 2015
  14. ↑ Politics in PA, "Video: Dems Pick Wecht, Colville Withdraws," February 5, 2011
  15. ↑ Pennsylvania Department of State, "2011 Municipal Primary Official Results"
  16. ↑ Pennsylvania Department of State, "Unofficial Elections Returns"
  17. ↑ Pennlive.com, Editorial: "Pa. judge races are attracting more money and potential bias," October 29, 2011
  18. ↑ Pennsylvania Bar Association, "Judicial Evaluation Commission," accessed April 28, 2015
  19. ↑ Pennsylvania Democrats, "Pennsylvania Democrats State Committee Endorses Judicial Candidates," February 5, 2011
  20. ↑ Wecht 2015, "Endorsements," accessed August 24, 2015
  21. ↑ [ https://law.justia.com/cases/pennsylvania/supreme-court/2020/104-mm-2020-0.html Supreme Court of Pennsylvania, "Wolf v. Scarnati: Opinion," July 1, 2020]
  22. ↑ Pennsylvania Supreme Court, Commonwealth v. Muniz, filed July 19, 2017
  23. ↑ 23.0 23.1 23.2 23.3 23.4 Cozen O'Connor, "The DAS Networks Fault Line: A Coming Earthquake in Pennsylvania Administrative Law?" August 4, 2020
  24. ↑ Fox 43, "Pennsylvania Supreme Court Justice David Wecht in self-quarantine for coronavirus," March 17, 2020


Pennsylvania courts

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

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