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John Baer: In court races, it looks like the GOP cashed in on the low turnout

PENNSYLVANIA voters yesterday gamely reasserted their right to elect statewide judges, an act akin to playing a political lottery.

Fifteen candidates for seven spots on three state courts were on the ballot in a municipal election year with no marquee races to generate voter turnout anywhere in the state.

The low-profile court contests appeared to draw lower than normal court-race turnout; some experts projected a statewide figure below 20 percent.

It looks like the Republicans cashed in.

Pittsburgh Republican Joan Orie Melvin won the bitter if barely visible battle for state Supreme Court against Easton Democrat Jack Panella. With 93 percent of the state vote counted late last night, Orie Melvin held an insurmountable 53-47 lead.

It was a contest fueled by trial lawyers' money and partisan politics in which Orie Melvin was vastly outspent and faced a 1.2 million-voter registration deficit.

She gives the high court (currently 4-3 Democratic) a 4-3 Republican edge starting in January. That puts the GOP in the driver's seat in drawing legislative district lines after the 2010 census, which could impact state politics for a decade.

She clearly was helped by a state judicial election pattern favoring women from western counties that draws gender and regional support. She also ran an aggressive, hard-hitting campaign, saying her opponent's acceptance of millions of dollars in contributions from trial lawyers and labor looked like "justice for sale."

And she might have benefited from Philly's World Series-mania (there was no focus on this race) and the surprise transit strike early yesterday morning that helped keep some of the city's overwhelmingly Democratic vote from going to the polls.

Something kept Democrats away.

In the 2007 Supreme Court race, Pittsburgh Democrat Debra Todd got more than 167,000 votes in Philly. Yesterday, Panella, with 95 percent of the city vote counted, got fewer than 93,000.

The reform group Pennsylvanians for Modern Courts yesterday said that Panella set a new state record for judicial fundraising, raking in $2.35 million. Money usually wins these things.

But Orie Melvin was endorsed by every major newspaper endorsing in the race and got cash and help from GOP committees and officeholders. It didn't hurt that her sister, state Sen. Jane Orie, is Senate majority whip. Campaign finance records show large contributions flowing to and from the senator's campaign committee and various GOP committees.

And among those who did vote yesterday, it looks like some P.O.'d Republicans were out to send a message to Barack Obama or Ed Rendell or Democrats, period.

Republican judicial candidates - again, against a big registration deficit - were positioned to clean up in races for both state Superior Court and Commonwealth Court.

With most of the statewide vote counted, three Republican women candidates were leading in the vote-for-four Superior Court race.

GOP Allegheny County Judge Judy Olson, whose TV ads referred to her as "Judge Judy," was leading the pack; Tioga County (way up there by New York) lawyer Sallie Mundy, "Vote Mundy on Tuesday," was running second; and Chester County Judge Paula Ott was running third.

The remaining Superior Court candidates, including Philly Democratic Common Pleas Judges Anne Lazarus and Teresa Sarmina, were bunched together for the fourth seat on the court with similar percentages of the total vote and no clear winner early this morning.

In the pick-two contest for Commonwealth Court, Republicans Allegheny County Judge Patricia McCullough and Harrisburg attorney Kevin Brobson were leading the two Democratic candidates.

I'm not one to put much stock in the results of one election cycle impacting a future cycle, but at a minimum such positive GOP outcomes can help that party with fundraising and candidate recruitment.

It was, plain and simple, a good day for statewide Republicans, a bad day for Democrats. But the way we put judges on the bench? Who knows what kind of day it was for justice?*

Send e-mail to baerj@phillynews.com.

For recent columns, go to

http://go.philly.com/baer.

Comments   
Posted 06:43 AM, 11/04/2009
StephenPHL
In the local area (Philadelphia, many Democrats I talked with said they voted Republican to send a message to the entrenched Democratic city political machine.
Posted 06:47 AM, 11/04/2009
bill_from_media
nice partisan piece. why not just tatoo VOTE DEMOCRAT on your forehead
Posted 07:35 AM, 11/04/2009
chrissmith
Silly stuff here. Nonsense.
Posted 08:48 AM, 11/04/2009
tr88
People didnt vote because of World Series mania? You can read some idiotic liberal spin on a daily basis in the Inquirer but you'll be hard pressed to beat that. Republicans won every statewide race.
Posted 09:11 AM, 11/04/2009
fafafooey
This Democrat reporter thinks "justice" would have been served better by putting the union/trial lawyer-backed Panella on the court? What a joke this paper is. No wonder it is bankrupt.
Posted 09:22 AM, 11/04/2009
MikeP
There was no political message in this election. Republicans have a long record of doing a great job with getting out the vote. Democrats did a pathetic job. There's a huge registration advantage for Democrats and they didn't take advantage of it for this crtitical election. Here's a story that everyone is missing: the Democratic state operation is completely disorganized and ineffective. The Obamma campaign organization got the vote out for the presidential election and was praised by Republicans. Without that operation, this is the results. We're back to a well run Republican operation winning elections despite the fact that they are far behind with registrations and Democrats in disarray. Republicans do better with less.
Posted 10:02 AM, 11/04/2009
tvjournalist
MikeP writes, "Republicans do better with less." That sounds like a good philosophy for operating any government entities as well.
Posted 12:58 PM, 11/04/2009
JoefromPhilly
It seems strange that the union leaders would not have thought about their Democrat voters not being able to get to the polls to cast their votes for their party by striking before Election Day. Thanks guys for keeping some of them away from the polling places!!!
Posted 01:52 PM, 11/04/2009
JC Denton
Further proof that the Democrat 'mandate' from the 2008 election is nothing of the sort. In Chester County, every candidate for county office with a D after their name got trounced by a margin of 3-2 or more. If 2009 is the electoral equivalent of 1993, then 2010 is looking like 1994 on steroids.
9 comments
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