Gun Concerns in Philly… Nation

Clinton’s Take: She said the U.S. Supreme Court might have trouble finding constitutional Washington, D.C.’s complete ban on all guns. She said there can be a balance between gun control and gun rights.

What works in New York City probably wouldn’t work in Montana, she said. Clinton said she wouldn’t support a federal law that tried to apply the same rules to all jurisdictions.

She would reinstate the “100,000 cops on the streets” policy that was created under her husband’s administration and make sure local police departments have access to federal information on illegal gun use.

Obama’s Take:  He said the U.S .Constitution, as a general principle, gives Americans the right to bear arms, but that doesn’t mean the government can’t constrain that right. He compared it to the right to own property and the government’s ability to create zoning laws. He said he never favored an all-out ban on handguns.

-Gina Passarella, Staff Reporter

Hillary Gives Shout Out to Rendell… Hillary

In case you didn’t catch where Sen. Clinton stands on a certain issue, you can check out her Web site. She has mentioned it twice so far… HillaryClinton.com..

She also gave credit to Gov. Edward G. Rendell for keeping foreclosure rates low in Pennsylvania. She said he saw the problems coming – unlike President Bush – and did a great job of keeping the numbers down.

-Gina Passarella, Staff Reporter

 

Iraq First Real Issue Discussed in Debate

Almost an hour into the debate, questions turned to real issues in the campaign instead of missteps in the campaigning.

Iraq was the topic and both senators defended their positions to pull troops out of Iraq – within 60 days for Clinton and 16 months for Obama.

Moderator Charlie Gibson questioned whether the senators were suggesting they knew better than Gen. David Petraeus.

Obama said it is the president who sets the mission and the general who carries it out. Clinton said the country needs to pay attention to other issues like Afghanistan and regain its credibility with the world.

“We don’t know what will happen if we withdraw,” she said. “We do know what will happen if we stay mired in Iraq.”

-Gina Passarella, Staff Reporter

Clinton Asks for Gift From Bush/Cheney Camp

Sen.  Clinton continually brought the debate back to who could really beat Sen. McCain, pointing to ways the Republicans could criticize Obama in the general election.

“I wish the Republicans would just apologize for the Bush/Cheney years and not run” a candidate, she said, adding that clearly won’t happen. 

Obama defended his ability to handle himself in the general election.

“I can take a punch, I’ve taken some pretty good ones from Sen. Clinton,” he said.

-Gina Passarella, Staff Reporter

Fireworks Fizzle as Debate Begins – Candidates Defend Recent Gaffes

The fight for a win in Pennsylvania’s Democratic primary has been blazing a trail across the state for weeks, but the fire seemed to burn out when the two candidates took the stage at the National Constitution Center. The debate between Sens. Hillary Clinton and Barack Obama took a subdued, respectful tone as the two focused on the need for the party to come together to beat Sen. John McCain in the general election.

Neither candidate, however, would say they would take the VP spot if they lost the primary and neither would agree that if they won they would sign the other on as VP.

The first half hour of the debate was focused on recent criticism of Obama’s comments about “bitter” Pennsylvanians and his pastor’s much-discussed comments from the pulpit.

Clinton was just asked a question, via video from a voter who said she lost his vote over her misstatements about her trips to Bosnia.

Both candidates were put on the defensive, admitting they misspoke.

Obama was just asked about wearing an American flag pin – he is not in this debate but put one on yesterday. He said he loves this country and his story wouldn’t be possible anywhere else. This is the kind of “manufactured issue” he said his opponents are making that don’t get to the important issues.

Gina Passarella, Staff Reporter

Sigman Considering DA Run

During an intensive round of phone calls that I made two weeks ago about possible candidates vying to succeed Philadelphia District Attorney Lynne Abraham, I wasn’t able to get a hold of Scott Sigman, who joined the Bochetto & Lentz firm in 2005 after working as an assistant district attorney.

Sigman, however, called last week to report that his voice mail went wonky and that he didn’t get my message until several days after I called him. Sigman confirmed that he is exploring his options regarding the city’s top prosecution post.

Sigman, 33, a Republican, said just as state Supreme Court Justice Ronald D. Castille became Philadelphia district attorney in 1985 as a Republican, that his election could provide party balance in a city dominated by Democrats.

“It’s important to have the chief law enforcement officer from the opposition party,” Sigman said. “It’s a system of checks and balances.”

Sigman said deploying community prosecution to fight Philadelphia’s crime rate would be his main theme in a district attorney bid.

“Having regional prosecutors that know their communities, that can actually engage their communities in the prosecutions, will help this no rat mentality,” Sigman said.

During his time with the Philadelphia District Attorney’s office, Sigman worked in the narcotic division, first as a law intern and then as prosecutor after his graduation from Temple University law school. As part of his duties, Sigman said he litigated quasi-civil forfeiture actions against nuisance bars and prosecuted a weapons of mass destruction case against a father-and-son drug gang that were found in the possession of weapons that authorities believed were planned for use against another gang. Sigman also was the “weed and seed prosecutor” for North Philadelphia, a federal program with the joint goal of the tough prosecution of drug dealers and the infusion of community programs into the neighborhoods in which drug dealing predominates.

Sigman said he liked being able to help people as a prosecutor, but he was frustrated that the volume of cases on his plate meant he was not always able to focus on the community prosecution aspect of his job.

According to several sources, other attorneys and judges circulating their names for a possible prosecutorial bid include:

• John Delaney, the deputy district attorney in charge of the office’s trial division
• Municipal Court Judge Teresa Carr Deni
• Family Court Administrative Judge Kevin Dougherty
•  Common Pleas Court President Judge C. Darnell Jones II
• Daniel McCaffery, a shareholder and commercial litigator at Friedman Schuman
• Applebaum Nemeroff & McCaffery in Elkins Park, a former assistant district
• attorney and brother of Supreme Court Justice Seamus P. McCaffery
• Philadelphia Common Pleas Judge Rayford Means
• Philadelphia Common Pleas Judge Leon W. Tucker
• Michael L. Turner, a shareholder devoted exclusively to a products liability litigation practice at Marshall Dennehey Warner Coleman & Goggin and a former assistant district attorney
• R. Seth Williams, of counsel at Stradley Ronon Stevens & Young and former Philadelphia inspector general and former candidate for Philadelphia district attorney.

The Legal previously reported last month that Abraham is considering quitting in order to run against Attorney General Tom Corbett, a Republican. Eleanor Dezzi of The Dezzi Group, a spokeswoman for Abraham on political issues, said two weeks ago that nothing  new has developed in Abraham’s decision-making.

If Abraham does step down early, the First Judicial District’s Board of Judges would decide her interim successor. Abraham, when a judge herself, was placed in the district attorney’s post after a vote by the FJD judges when Castille resigned as district attorney to run for mayor.

Sigman said he would explore if he could be the interim pick. He noted that Bucks County judges picked Michelle Henry, chief of major crimes for the Bucks County District Attorney’s office, and not a judge, to fill out the remainder of former Bucks County District Attorney Diane Gibbons’ term when Gibbons became a common pleas court judge.

– Amaris Elliott-Engel , staff reporter

Nutter Nixes Decker From Fundraiser

Democratic mayoral candidate Michael Nutter apparently removed former Gaming Control Board chairman and current Cozen O’Connor President Tad Decker from co-hosting a fundraising event scheduled for today.

According to a press release sent out by a representative of Casino Free Philadelphia, when anti-casino activists heard that Decker’s name was listed as a co-host for an event at the Philadelphia Country Club they immediately questioned Nutter’s campaign on what they said was an about-face.Nutter had been in support of a ballot referendum in the city that would have likely kept casinos from being built within 1,500 feet of residential and educational grounds, the release said.

Two women who belong to Mothers Against SugarHouse (MASH) wrote letters to Nutter seeking an explanation of his support of Decker and asked that he not accept any contributions from him.

“Mr. Tad Decker is not a member of any host committee for any Nutter for Mayor fundraisers,” Nutter’s campaign responded in a statement. “When we learned that his name had been added to a host committee by a few supporters, Michael asked that he be removed, and he was.”

Nutter’s campaign confirmed that the statement was accurate.

The event, which allows for a $500 friend donation or a $1,000 benefactor donation, was co-chaired by Tony Hayden Sr., Bernie Halfpenny, Jim Maguire and Cozen O’Connor vice chairman Patrick O’Connor, according to the flyer. Decker’s name was also listed as a co-chairman.

– Gina Passarella, Staff Reporter

Government activists hope that voter ire over elected officials’ 2005 pay raise will rekindle in 2007.

Russ Diamond, chair of the PACleanSweep political action committee, and an estimated group of 40 gathered at the Capitol Rotunda in Harrisburg Thursday. They called for Pennsylvania voters to expand beyond the unprecedented rejection of a Supreme Court Justice in 2005 to reject every single judge facing retention in the commonwealth during autumn’s election.

A total of 67 judges – Supreme Court Justice Thomas G. Saylor, three Superior Court judges, three Commonwealth Court judges, 53 Common Pleas Court judges and seven Philadelphia municipal and traffic judges – are up for retention Nov. 6.

It is crucial for all Pennsylvania judges who accepted the 2005 pay raise to be rejected by voters because of the questionability of that decision, Diamond said in a telephone interview Thursday afternoon. Diamond criticized the Supreme Court’s 2006 decision upholding pay raises for judges following their repeal by the legislature and criticized the 2007 decision prohibiting Philadelphia voters from voting on restrictive casino-siting question.

“Our group is really centered on allegiance to the Constitution. The courts have really strayed from that,” Diamond said. “Even the Superior and the Commonwealth courts are making law in their decisions.”

Leaders of the Pennsylvania Bar Association and the Philadelphia Bar Association, released statements Thursday criticizing a call for a whole-scale rejection of every judge up for retention in Pennsylvania.

Andrew Susko, president of the state bar association, said such a radical move would create chaos in the courts and that each judge should be critiqued on their individual merits and full judicial records.

“The public should reject this misguided effort to gut our justice system and throw away hundreds of years of judicial experience,” Susko said in a statement. “Pennsylvania’s voters should judge the judges fairly, based on their record of judicial service and their qualifications and fitness to serve. Merit retention is our state’s nonpartisan system for the voting public to pass on a judge’s service and qualifications by a yes-or-no vote.”

Philadelphia Bar Association Chancellor Jane Dalton’s statement reiterated the bar association’s position that a high-quality bench requires “proper compensation.” Dalton also said that it would undermine the judicial process to reject every single judge on the sole issue of the 2005 pay raise.

“Issuing a mass indictment of judges is a dangerous mentality with tyrannical overtones.  A judge does not and must not answer to the popular will of the people.  A judge must only answer to the law, the facts and reason,” Dalton’s statement said.

Both bars suggested using their respective judicial commissions to obtain information on the qualification of judges.

PACleanSweep was formed in July 2005 at the time of pay raise and has an e-mail subscription list of 5,500, Diamond said. He said the group is nonpartisan and full of strict constructionists who believe the Constitution “is the ultimate will of the people.”

Former state Supreme Court Justice Russell Nigro was the very first Supreme Court justice defeated in his bid for retention. Former state Supreme Court Justice Sandra Schultz Newman’s retention on the bench was much narrower than normal for judicial retentions.

Seven state appellate court judges are scheduled to face retention elections in November: Saylor; in the Superior Court, Judges Correale F. Stevens, Joan Orie Melvin and John L. Musmano; and in the Commonwealth Court, President Judge Bonnie Brigance Leadbetter and Judges Doris A. Smith-Ribner and Bernard L. McGinley.

Diamond promises Thursday’s announcement won’t be one-time flash in the pan for his PAC’s activity. Over the next seven weeks, PACleanSweep will be releasing, one by one, top 10 reasons to reject all of the judges on the ballot for retention.

Amaris Elliott-Engel, Staff Reporter

Philly Bar Gives Thumbs Down to Several Judicial Candidates

With mere days left before the May primary, the Philadelphia Bar Association has announced a slate of “not recommended” city judicial candidates.

Elvin P. Ross III, an associate at Morgan Lewis & Bockius, was given the thumbs down on his candidacy for a common pleas seat. The bar’s judicial elections commission doesn’t list its reasons for rating a candidate “not recommended,” but experience was likely a factor in Ross’ case — the 1994 Penn grad only received his JD (from Texas Southern University) four years ago.

Gerard Shotzbarger, a solo general practitioner with Center City offices, also received the bar’s lowest rating on his common pleas bid. Shotzbarger might not need the bar association’s blessing — he drew the No. 2 spot on this month’s Democratic ballot.

The third candidate listed as “not recommended” for a common pleas seat was Center City small-firm practitioner Christian Clemente, whose 2005 bid for the same court was also pooh-poohed by the bar.

The fourth “not recommended” candidate is Rosa Ryan. The only “Rosa Ryan” registered to practice in Pennsylvania is listed by the state court system as practicing out of a West Chester office. According to campaign finance reports, Ryan’s campaign has a -$170 balance.

On the Municipal Court side, the bar has deemed “not recommended” Jacquelyn Frazier-Lyde, daughter of former heavyweight champ Joe Frazier — and quite a contender herself, judging by her own track record in the ring. Frazier-Lyde used to do legal work for the Laborers’ District Council. She practices out of offices in North Philadelphia.
Robert M. Kline was the other Municipal Court candidate rated “not recommended” The only attorney by that name registered with the state is listed as practicing out of a King of Prussia office. Kline has the bottom spot on this month’s Democratic ballot.

– Asher Hawkins, staff reporter

Fattah’s Planned Appeal of Campaign Contribution Limits Under Fire

Just hours after the Commonwealth Court upheld the constitutionality of Philadelphia’s campaign finance ordinance, U.S. Rep. — and mayoral candidate — Chaka Fattah said he planned to appeal.

With that annoucement comes its critics. The Committee of Seventy, a political watchdog group that filed an amicus curiae in support of upholding the contribution limits, denounced the planned appeal yesterday.

The group’s president, Zack Stalberg, said the organization hoped the state Supreme Court would refuse to hear the case. If the case does to go up to the high court, Stalberg said the Committee would file another amicus brief.

“The Commonwealth Court was resolute in its determination that Philadelphia has every right to enact campaign contribution limits,” Stalberg said. “To discard contribution limits would invite a return to the very pay-to-play culture that the city’s ordinance was specifically designed to end.

“He said the removal of the limits so close to the May 15 primary would result in a “fundraising frenzy.”

“Given the municipal scandals this town has endured, it is unfortunate that some candidates continue to believe that they need to raise unlimited sums of money in order to win the election,” Stalberg said. “I wish that allowing a wealthy candidate to spend his own money was not constitutionally permissible, but it is,” he said, referring to millionaire mayoral candidate Tom Knox.

The Commonwealth Court’s ruling puts back in place the $5,000 campaign contribution limit for individuals and a $20,000 limit for businesses or political action committees. It is believed that all of the candidates had been following those limits even though a Philadelphia Common Pleas judge ruled in December 2006 that the ordinance was unconstitutional. ~Gina Passarella, Staff Reporter