Top jurist denounces call for Senate probe of Phila. courts

In a clash between judicial and legislative branches, the chief justice of Pennsylvania on Thursday denounced calls for a state Senate investigation of the Philadelphia courts, saying it would be "counterproductive and disruptive."

Ronald D. Castille, who is leading his own review of the city's criminal justice system, said he would order judges and other court employees not to cooperate with any Senate inquiry.

"We already have a panel of experts," Castille said. "There is no necessity at this time for anyone to come in."

State Sen. Stewart Greenleaf, who is pushing for the legislative investigation, was undeterred.

"We'll still proceed with it," said Greenleaf, who chairs the Senate Judiciary Committee. "That's why there's two different branches of government. We all have strengths and weaknesses."

Castille and Greenleaf, both Republicans, are each acting in response to an Inquirer series published in December that found the Philadelphia courts in crisis, plagued by low conviction rates, widespread witness fear, a massive fugitive problem, and the dismissal of thousands of cases yearly with no decision on their merits.

Castille, with fellow Supreme Court Justice Seamus McCaffery, moved first. In March, they named a 12-member panel of judges, lawyers, and other experts to do a comprehensive review of the city's criminal justice system and then fix problems outlined in the series.

On Thursday, the chief justice said a Senate inquiry would duplicate the work of the high court panel.

"We don't need people running around interviewing judges, interviewing court workers," he said of the proposed Senate investigation. "We are already addressing it. We are already changing things."

Castille's remarks came the day after Greenleaf and a bipartisan group of eight fellow senators proposed to create a Senate advisory panel to investigate the city courts and recommend improvements.

Greenleaf, who represents parts of Bucks and Montgomery Counties, introduced a resolution to create the panel after his committee conducted a hearing last month on problems in the Philadelphia courts. His proposal must be ratified by a Senate majority.

Castille said he would call Greenleaf to urge him to cancel his push for a legislative investigation and, if he declined, would lobby top Senate Republicans to defeat the plan.

Should Greenleaf win Senate approval and proceed, Castille said, "he'll need cooperation from the judicial branch, which we aren't prepared to give at this time."

Castille said the high court's panel had hired a former top city prosecutor, William Chadwick, under an initial $150,000 contract, to help craft a reform agenda and analyze criminal-case outcomes.

Chadwick was Castille's top deputy when he was Philadelphia district attorney from 1986 to 1991. Chadwick's consulting firm, based in Washington, specializes in advising corporations on how to beef up internal security against fraud and embezzlement.

Greenleaf, a veteran of 32 years in the Senate, said he had "great respect" for Castille but disagreed with his criticisms of a separate inquiry by the Senate.

"I don't see it as being counterproductive at all," Greenleaf said. "I see it as being very helpful. I think it will supplement their review."

Under Greenleaf's plan, the Joint State Government Commission, an investigative arm of the legislature, would work with a 30-member panel of experts, including prosecutors and defense lawyers. The group could issue a report calling for new court rules, changes in state laws, or new funding for programs.

Greenleaf shrugged off Castille's vow to bar court personnel from cooperating.

"If we won't have access to the judges, we'll have other individuals that we'll reach out to," Greenleaf said.

"We're the branch of government that funds the courts. We certainly have the right to look into things that could improve the functions of the court."

As Castille, McCaffery, and District Attorney Seth Williams have pushed their criminal justice overhaul - already imposing sweeping changes in court rules - defense lawyers have increasingly complained that they have been shut out of the process.

Greenleaf said his Senate effort would be more inclusive, bringing in additional defense lawyers and other key players.

Ellen Greenlee, who directs the Defender Association of Philadelphia, said Thursday that she welcomed the two investigations.

"What they [the Senate investigators] see here might have broader implications for the rest of the state," she said. "I don't see any harm with that."