Panepinto touts his abortion views in Pa. judicial race

HARRISBURG - The old restrictions have been relaxed. Thanks to a 2002 U.S. Supreme Court decision, Pennsylvania judicial candidates can discuss issues - even issues that might come before them in court.

That's why one candidate in Tuesday's otherwise-sleepy primary contest for two powerful appellate judgeships is able to tout his stance on abortion.

Barely noticeable over the din of heated local campaigns in Philadelphia and Pittsburgh, both parties are choosing nominees for two statewide judicial vacancies, one each on Superior and Commonwealth Courts.

On his campaign website, Paul Panepinto, now a Philadelphia Common Pleas judge, proclaims in bold letters that he is Roman Catholic and "pro life."

Panepinto, a Republican who has twice run unsuccessfully for state Supreme Court, seeks a seat on Commonwealth Court, which hears challenges to state laws and appeals of decisions by state agencies.

In a coincidental twist, the primary comes a week after the state House approved abortion-clinic regulations that, if enacted, could face a legal challenge.

Panepinto, a 20-year veteran of the bench, did not return a phone call seeking comment about his website statement. Replying by e-mail to questions from the Inquirer Editorial Board, the judge wrote that he adhered to "the letter of the law" in every case. "At no time did I become influenced by popular opinion or outside pressure. This has been demonstrated throughout my career."

Lynn Marks, executive director of the advocacy group Pennsylvanians for Modern Courts, said Panepinto's website underscored the tension between the need for judicial impartiality and a candidate's First Amendment rights. Those rights were upheld - and the limits on judicial candidates' comments relaxed - when the U.S. Supreme Court threw out Minnesota's similar limits in 2002.

Panepinto's online statement "does not cross the line of what a candidate can and can't do," Marks said, "but it does send a message."

The other Republican in that race is New Hope labor-relations lawyer Anne Covey, who has the state party's backing. Covey received the endorsement of LifePac, an antiabortion political action fund, but neither she nor the Democrats running for Commonwealth Court offer their abortion views on their websites.

Judges on the two courts play vital if little-known roles in determining cases of statewide importance.

Superior Court hears appeals in criminal cases and most civil cases from the Common Pleas courts, as well as appeals from those courts on matters involving children and families.

Commonwealth Court handles lawsuits brought by and against the state, as well as appeals of decisions by state regulatory agencies and by lower courts in cases involving state and local government.

Judges on both benches are paid $179,000 a year.

The latest campaign-finance reports give a clue as to who is most interested in statewide judicial races that typically receive little voter and media attention. Donor lists show most of the financial support comes from lawyers, labor unions, and businesses.

Doylestown lawyer Kathryn Boockvar is the party-endorsed candidate for the Democratic nomination for Commonwealth Court. Campaign-finance reports filed with the state indicate she has $23,000 in her campaign fund, nearly half contributed by unions.

Her opponent, Barbara Behrend Ernsberger, a Pittsburgh lawyer, had just $1,300 on hand. Much of her support, too, came from unions.

On the Republican side, Covey, of New Hope, reported just $5,000, and Panepinto had $24,000 on hand, much of it donated by lawyers.

In the Superior Court race, Republican Vic Stabile, a Harrisburg lawyer and the GOP-endorsed candidate, reported having $49,000 in his fund. Among his contributors was charter school operator Vahan Gureghian, in recent years a leading donor to Republican races. Gureghian gave Stabile's campaign $5,000.

Stabile faces Philadelphia Common Pleas Court Judge Paula Patrick in the primary. She reported just $177 in her campaign account.

In the Democratic primary, David N. Wecht, an Allegheny County judge and son of controversial forensic pathologist Cyril Wecht, has the state party's endorsement and is running unopposed.

The state bar association's evaluation panel, consisting of 12 lawyers and six nonlawyers, gave Panepinto and Wecht its best grade - "highly recommended." Covey, Boockvar, Patrick, and Stabile received the second-highest rating, "recommended." The panel rated Ernsberger "not recommended" for her having failed to participate in the screening process.

Political analyst and pollster G. Terry Madonna said higher-profile local races in Pittsburgh and Philadelphia could drive up turnout in the state's two largest cities, both Democratic bastions - which could in turn help Democrats in the statewide court races in the fall.

"These statewide elections are driven by considerations not related to qualifications or campaigns on judicial candidates," said Madonna, a professor at Franklin and Marshall College. "Turnout by a party is a huge factor."