Pileggi proposes abolishing Philadelphia Traffic Court

"It's a commonsense idea, to see whether or not there's sufficient outrage at the historical behavior of Traffic Court to support these remedies," Pileggi said in an interview Friday. "I have yet to hear a good reason for maintaining this fatally flawed concept of Traffic Court as it is."

Pileggi cited an investigation initiated by state Chief Justice Ronald D. Castille that concluded in November that Traffic Court had "two tracks of justice - one for the connected and another for the unwitting general public."

Pileggi on Thursday circulated a brief memorandum to Senate colleagues of both parties proposing a two-bill package: one to change the state constitution to eliminate all references to Traffic Court, the other to change the Judicial Code to transfer authority over traffic violations to Municipal Court.

Proposed changes in the state constitution require approval by two consecutive sessions of the legislature, postponing those amendments until 2015 at the earliest. But Pileggi said his staff intended to put language into the second bill "so that its provisions can take effect whether or not the constitutional amendment is finally approved."

Pileggi said it was too early to gauge support among senators in either party. And he has not yet discussed Traffic Court with people in the House or the governor's office, he said.

Pileggi's involvement won immediate praise from Common Pleas Court Judge Gary S. Glazer, whom Castille appointed to oversee and reform Traffic Court after the FBI raided it in September 2011.

"We are deeply gratified that the senator has taken this issue up," Glazer said. "We are just delighted and hope to work with him to come up with a viable alternative to an obviously broken system."

Glazer said he, Municipal Court President Judge Marsha Neifield, and consultant William G. Chadwick, who led the recent Traffic Court investigation Castille ordered, would work with Pileggi to craft a restructuring package.

One plan under consideration would have court officials appoint examiners to hear appeals of moving-violation tickets.

For the last 25 years, the city has handled parking-ticket appeals in a similar fashion. Tickets issued by the Parking Authority may be appealed to the Bureau of Administrative Adjudication (BAA), an arm of the Finance Department, at Ninth and Filbert Streets.

Supporters say nonelected hearing examiners would be less susceptible to political influence than Traffic Court judges, who are elected to six-year terms.

And any misconduct by examiners could be checked with quick discipline, advocates say, rather than through the time-consuming judicial disciplinary process.

Lynn A. Marks, executive director of Pennsylvanians for Modern Courts, said her organization was not ready to endorse specific changes but was pleased by Pileggi's involvement.

"It's good that this whole issue is on the radar screen of state legislators as well as the judiciary," said Marks, whose group supports merit selection of judges rather than election by the public.

Veteran defense attorney Samuel Stretton, hired to represent a Traffic Court judge after Chadwick's report was released, condemned the idea of ending the system of electing judges.

Stretton said it would be unfair for Philadelphia to be the only county in the state in which driving violations were decided by appointed officials. In other counties, they are handled by elected district justices.

And there is no guarantee, Stretton said, that hearing examiners would not fix tickets for friends, family, and the politically connected - charges that have led to occasional firings, and one prison term, for officials at the BAA.

"How do you think people are going to be hired as hearing examiners?" he asked. "You might have a lot of ward leaders and committee people who are hearing examiners."

Stretton said the proposed remedy was worse than the problem.

"You don't burn the city down just to roast one chicken," he said. "You have to use some sense here."

Several Democratic senators said they were not ready to talk about Traffic Court without seeing Pileggi's specific bills, still being drafted.

Mayor Nutter issued a statement saying he looked forward to talking to Pileggi, other legislative leaders, and court officials "to see how we can arrive at the ultimate goal, which is a proper, legitimate, and fair handling and disposition of cases in that court."

Traffic Court endured major scandals in the 1970s, when its president judge, a Democrat, went to prison for taking bribes, and the 1980s, when the son of its president judge, a Republican, went to jail on similar charges.

Contact Bob Warner at 215-854-5885 or warnerb@phillynews.com.