Pennsylvania Supreme Court elections, 2017
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Three justices on the Pennsylvania Supreme Court were up for election or retention on November 7, 2017. The supreme court is the court of last resort for the Commonwealth of Pennsylvania. Most of the court's caseload consists of appeals of lower court decisions.
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Race backgrounds
In 2017, Pennsylvania voters chose one supreme court justice in a partisan election and chose whether to retain two additional justices. For more information on judicial selection in Pennsylvania, click here.
In the competitive partisan election, sitting Republican Justice Sallie Mundy defeated Democratic Judge Dwayne D. Woodruff, who currently sits on the Allegheny County Court of Common Pleas in Allegheny County.
Mundy was appointed to the court in 2016 by Democratic Governor Tom Wolf and confirmed by the Republican-controlled Pennsylvania State Senate to replace former Justice Michael Eakin. In Pennsylvania, when a justice is appointed, that seat is up for election in the next election occurring ten months or more after the appointment. By Pennsylvania tradition, interim appointments in that state do not run for election, serving only for the interim period. However, in this case, Governor Wolf stated upon Mundy's appointment that he did not expect her to adhere to this tradition and in fact expected her to run for election to a full term. She filed to do so. Before her appointment to the court, Mundy served for six years on the Pennsylvania Superior Court, volunteered as a public defender, and maintained a private law practice.
Mundy's challenger was Democrat Dwayne D. Woodruff, a Pennsylvania Court of Common Pleas judge from Allegheny County. Woodruff has been on the Court of Common Pleas since 2006. He ran for a seat on the Pennsylvania Supreme Court in 2015 but was defeated in the Democratic primary. Before he began practicing law, Woodruff played football for the Pittsburgh Steelers.
Incumbents Republican Chief Justice Thomas Saylor and Democratic Justice Debra Todd filed to stand for retention by voters and were both retained.[1] They stood for retention independently and did not face challengers. Saylor began serving as chief justice in 1998. Todd began serving on the court in 2008.
Candidates in competitive partisan election
Justice Sallie Mundy 
(R)
On the supreme court bench since 2016. Candidate's website
Prior to her appointment to the supreme court, Mundy served on the Pennsylvania Superior Court for six years. Before that, Mundy was in private practice for 20 years. She received her undergraduate degree from Washington and Jefferson College in 1984 and her J.D. from the University of Pittsburgh School of Law in 1987. According to Mundy’s website, at the time of her election to the superior court, she was the only Pennsylvania statewide elected official from Pennsylvania’s Northern Tier.[2]
Judge Dwayne Woodruff (D)
On the common pleas bench since 2006. Candidate's website
Woodruff was first elected to the Allegheny County Court of Common Pleas in 2005 and retained in 2015. Before his election to the court, Woodruff was in private practice for 15 years. Woodruff earned his undergraduate degree from the University of Louisville and his J.D. from Duquesne University School of Law in 1988. He previously ran for a seat on the Pennsylvania Supreme Court in 2015, but was defeated in the Democratic primary. Woodruff played football for the Pittsburgh Steelers for eleven years, from 1979 to 1990.
Candidate forum
On October 25, 2017, Mundy and Woodruff took part in a candidate forum at Widener Commonwealth Law. The candidates answered questions on judicial ethics and judicial philosophy. The forum was shown on the Pensylvania Cable Network. To watch a recording of the forum, click here.
Candidate questionnaires
In advance of judicial elections, the Pennsylvania Bar Associaiton Judicial Evaluation Commission rates potential judicial candidates. There are three potential ratings: "Highly Recommended," "Recommended," and "Not Recommended." The commission rated Justice Mundy "Highly Recommended" and rated Judge Woodruff "Recommended." Each candidate submitted a questionnaire to assist the commission. You can read the questionnaires in full by clicking on each candidate's name below:
| “ | I believe my diverse background and experience has enabled me to better serve the people of this commonwealth as an appellate juris … Becoming a judge is the highest pinnacle of the legal profession. My experience on the appellate bench has only served to reinforce that conviction.[3] | ” |
| “ | I am uniquely qualified to serve as a Justice on the PA Supreme Court and fulfill its foremost duties toward the citizens of the Commonwealth of Pennsylvania … I would bring to the bench a diverse perspective, that is currently and has been sorely lacking for some time.[3] | ” |
Endorsements
The candidates received the following endorsements.[4][5][6][7][8][2][9][10] The lists of endorsements are compiled from the candidates' websites and endorsing groups' websites. The lists may not be complete.
| Endorsements | |
|---|---|
| Sallie Mundy | Dwayne Woodruff |
| NRA Political Victory Fund | Planned Parenthood of Pennsylvania |
| PA State Trooper Association | Pennsylvania Democratic Party |
| PA Building and Trades Council | Pennsylvania AFL-CIO |
| Professional Fire Fighters, Local 302 | The Northeast Regional Council of Carpenters |
| Fraternal Order of Police, Local Lodge 1 | PA Conference of Teamsters |
| PA Pro Life Association | The 14th Ward Independent Democratic Club |
| FOAC - Firearm Owners Against Crime | Pittsburgh Post-Gazette |
| The PA Professional Fire Fighters Association | |
Campaign finance
This chart illustrates available campaign finance reports for both candidates through October 10, 2017. The totals include donations and expenditures made by the candidate and by their affiliated committees.
Justices facing retention
After a justice has won a partisan election, he or she serves a 10-year term. After the 10-year term expires, a statewide YES/NO vote for retention is conducted. A retention vote is not competitive; the justice does not face any competitors, and the only choice for voters is whether to retain the justice on the court. If the justice is retained, he or she serves another 10-year term. If the judge is not retained, the governor, subject to the approval of the state Senate, appoints a temporary replacement until a special election can be held.
In 2017, two Pennsylvania Supreme Court justices stood for retention:
Chief Justice Thomas Saylor (R)
On the supreme court bench since 1998.
Justice Debra Todd (D)
On the supreme court bench since 2008.
Recent elections
In 2015, there were contested partisan elections for three open seats on the Pennsylvania Supreme Court. Three Democrats, two Republicans, and one Independent competed for the three seats. All three Democrats were elected, shifting the partisan balance of the court to majority-Democrat.
In 2013, one Republican justice and one Democratic justice stood for retention. Both were retained.
In 2011, one Republican justice stood for retention. He was retained.
Noteworthy cases
This section contains cases where one of the judges up for election authored the opinion, played a prominent role, or dissented from the majority's ruling.
Pennsylvania v. Myers
In Myers, the supreme court ruled that, in the absence of a search warrant, a police officer could not order a blood draw for a chemical test on a DUI arrestee who was unconscious. Under Pennsylvania’s implied consent law, the court noted, drivers give implied consent to be tested for chemical substances if a police officer suspects them of driving under the influence. However, drivers arrested for DUI may refuse to submit to testing. Refusing a test has other legal consequences, and an officer is required to warn the arrestee of those consequences if he or she refuses a test.[11][12]
In this case, officers suspected that Darrell Myers had operated a vehicle under the influence of alcohol. However, Myers was “rendered unconscious by medical personnel before a police officer provided...warnings and before the officer requested the motorist’s submission to a chemical test.” Despite Myers’ unconscious state, the officer ordered a blood draw and chemical test. The supreme court ruled that the officer's order violated the law because Myers did not have the opportunity to refuse. Therefore, any evidence resulting from the chemical test was inadmissible.[11]
Justice Sallie Mundy dissented from the majority’s opinion.[13] Mundy argued that because the police officer had probable cause to believe Myers was driving under the influence, he could rely on the implied consent law to draw Myers’ blood for testing even though Myers was unable to refuse. Mundy argued that the very nature of a implied consent law meant that affirmative consent was not required, so the fact that Myers was unconscious did not affect the officer’s right to order a blood draw. In other words, “the implied consent statute permits chemical testing without a warrant based on probable cause for DUI, regardless of whether the driver, through no fault of the police, has no opportunity to exercise his or her right of refusal.”[13]
About the Pennsylvania Supreme Court
The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It was established by the Pennsylvania Provincial Assembly in 1722 as a successor to a Provincial Appellate Court, established in 1684. It is the oldest continually sitting appellate court in North America.
The court is composed of seven justices who are elected to 10-year terms in partisan elections and must stand for retention by voters for subsequent terms.
Chief justice
The justice with the longest continuous service on the court holds the office of chief justice.[14]
Sitting justices
A blue dot denotes a Democratic Party affiliation, and a red dot denotes a Republican Party affiliation.
- Justice Max Baer
- Justice Christine Donohue
- Justice Debra Todd
- Justice David Wecht
- Justice Kevin Dougherty
- Chief Justice Tom Saylor
- Justice Sallie Mundy
Selection
- See also: Judicial selection in Pennsylvania
Election process
The seven justices of the supreme court are selected in partisan primaries, followed by general elections in which the primary winners from each party compete along with any third-party candidates.[15][16]
Elected justices serve 10-year terms, after which they must run in yes-no retention elections if they wish to continue serving. A separate part of the ballot is designated for retention elections. When a justice stands for retention, the ballot does not reference party affiliation, and the justice does not face any opponents.[15][17]
Vacancies
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim judges stand for election at the next municipal election occurring 10 or more months after the vacancy occurred.[15]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints a judge with the expectation that the judge will only fill the interim vacancy.[15]
Recent news
The link below is to the most recent stories in a Google news search for the terms Pennsylvania Supreme Court election. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- Pennsylvania Supreme Court candidate information
- Supreme Court of Pennsylvania
- Pennsylvania Department of State
Footnotes
- ↑ Pennsylvania Department of State, "2017 Municipal Election Information," accessed March 9, 2017
- ↑ 2.0 2.1 Keep Justice Mundy, "Sallie Mundy," accessed August 23, 2017
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Vote Smart, "Dwayne Woodruff's Political Summary," accessed August 23, 2017
- ↑ Politics PA, "Supreme Court Candidate: Dwayne Woodruff," February 15th, 2017
- ↑ Pennsylvania Democratic Party, "Candidate Spotlight – Dwayne Woodruff – Supreme Court," April 21, 2017
- ↑ The 14th Ward Independent Democratic Club, "2017 endorsements," April 23, 2017
- ↑ PA Conference of Teamsters, "PA Conference of Teamsters 2017 Municipal Primary Endorsements," accessed August 23, 2017
- ↑ Pittsburgh Post-Gazette, "For Pa. Supreme Court: Judge Dwayne Woodruff has the integrity and experience," October 28, 2017
- ↑ Planned Parenthood Pennsylvania Advocates & PAC, "2017 Voter’s Guide," accessed October 30, 2017
- ↑ 11.0 11.1 Pennsylvania v. Myers Opinion, filed July 19, 2017
- ↑ Penn Live, "Cops can't take warrantless blood draws from unconscious DUI suspects, Pa. Supreme Court rules," July 19, 2017
- ↑ 13.0 13.1 Pennsylvania v. Myers Dissent, filed July 19, 2017
- ↑ National Center for State Courts, "Methods of Judicial Selection: Pennsylvania," accessed September 7, 2016
- ↑ 15.0 15.1 15.2 15.3 National Center for State Courts, "Methods of Judicial Selection: Pennsylvania," accessed September 2, 2016
- ↑ The Morning Call, "Ban Cross-filing As One Step," January 24, 1985
- ↑ The Unified Judicial System of Pennsylvania, "In Re: Nomination Papers of Marakay Rogers, Christina Valente and Carl J. Romanelli," November 7, 2006
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