Pennsylvania held statewide municipal elections on November 3, 2009, to fill a number of judicial positions and to allow judicial retention votes.[1] The necessary primary elections were held on May 19, 2009.[2]

Justice of the Supreme Court

2009 Pennsylvania Supreme Court election
November 3, 2009
 
Nominee Joan Orie Melvin Jack Panella
Party Republican Democratic
Popular vote 925,459 815,106
Percentage 53.2% 46.8%
Melvin:      50–60%      60–70%      70–80%
Panella:      50–60%      60–70%      70–80%
Justice before election

Jane Cutler Greenspan
Democratic

 Elected Justice

Joan Orie Melvin
Republican

Voters were asked to fill a single vacancy on the Supreme Court of Pennsylvania. The vacant seat had been occupied by Justice Jane Cutler Greenspan, a Democrat who was appointed by Governor Ed Rendell, due to the retirement of Chief Justice Ralph Cappy.[3] Justice Greenspan had agreed as a condition of her interim appointment in 2008 not to seek a full term on the court. Vying for the seat in the general election were Republican Joan Orie Melvin of Allegheny County and Democrat Jack A. Panella of Northampton County, both of whom were then serving on the Superior Court of Pennsylvania.[4] Orie Melvin won the seat with 53 percent of the vote, restoring the 4–3 Republican majority that had existed on the court prior to the 2007 state election.[5] Panella raised $2.4 million for the campaign, compared to $734,000 for Orie Melvin.[6] Low voter turnout, especially in Panella's native Philadelphia, played a key role in Orie Melvin's victory.[6]

Democratic primary

Candidates

Withdrew

Results

Democratic primary results[9]
Party Candidate Votes %
Democratic Jack Panella 534,953 100.0%
Total votes 534,953 100.0%

Republican primary

Candidates

Withdrew

Results

Republican primary results[9]
Party Candidate Votes %
Republican Joan Orie Melvin 304,339 54.77%
Republican Cheryl Lynn Allen 151,688 27.30%
Republican Paul Panepinto 99,641 17.93%
Total votes 555,668 100.0%

General election

Results

2009 Pennsylvania Supreme Court election[1]
Party Candidate Votes %
Republican Joan Orie Melvin 925,459 53.17%
Democratic Jack A. Panella 815,106 46.83%
Total votes 1,740,565 100.0%
Republican gain from Democratic

Judge of the Superior Court

2009 Pennsylvania Superior Court election
November 3, 2009
4 seats of the Superior Court of Pennsylvania
  Majority party Minority party
 
Candidate Judith Olson
Sallie Mundy
Paula Ott
Temp Smith		 Anne Lazarus
Robert Colville
Kevin Francis McCarthy
Teresa Sarmina
Party Republican Democratic
Last election 10 5
Seats won 3 1
Seat change Steady Steady
Popular vote 3,354,601 2,856,666
Percentage 52.92% 45.07%

Four seats on the Superior Court were up for grabs. On the ballot in the general election were four Republicans, four Democrats, and one Libertarian. Originally only three seats were up for election, but Judge Maureen Lally-Green announced her retirement after the May primary election. As a result, both parties picked an additional fourth nominee at a party convention. The Pennsylvania Republican Party picked Paula Ott,[12] President Judge of the Chester County Court of Common Pleas, while the Pennsylvania Democratic Party picked Teresa Sarmina,[13] Judge of the Philadelphia County Court of Common Pleas, as their nominees.

The original three vacant seats on the Superior Court was caused by the election of then-Judges Debra Todd and Seamus McCaffery, both Democrats, to the Pennsylvania Supreme Court in 2007. Governor Ed Rendell appointed Republican John Cleland and Democrat Robert Freedberg as interim appointments to replace Justice Todd and Justice McCaffery respectively.[14] Neither interim-appointed Judge ran for a full term. The third vacancy was caused by the mandatory retirement of Judge Richard Klein after reaching the age of 70.

Republican candidate Judy Olson won the most votes, followed by fellow Republicans Sallie Mundy and Paula Ott. There was a four-way near tie for fourth place, with Democrat Anne E. Lazarus in the lead (with 11.5% of the vote) but closely trailed by Democrat Robert J. Colville (11.4%), Republican Temp Smith (11.4%), and Democrat Kevin Francis McCarthy (11.3%). The close results triggered an optional automatic recount. While candidates Colville and McCarthy opted out of the recount, Smith declined to do so, prompting Secretary of State Pedro Cortés to order a recount to begin on November 18—the first automatic statewide recount in Pennsylvania history.[15] On December 1, the Pennsylvania Department of State announced that the recount had been completed, with the results essentially unchanged; Lazarus won the fourth seat.[16] The cost of the recount was $542,000.[17]

Republican primary

Candidates

Results

Republican primary results (vote for 3)[9]
Party Candidate Votes %
Republican Judy Olson 406,755 37.18%
Republican Sallie Mundy 366,527 33.51%
Republican Temp Smith 320,646 29.31%
Total votes 1,093,928 100.0%

Democratic primary

Candidates

Results

Democratic primary results (vote for 3)[9]
Party Candidate Votes %
Democratic Robert Colville 311,619 20.36%
Democratic Kevin Francis McCarthy 295,372 19.30%
Democratic Anne Lazarus 293,095 19.15%
Democratic Paula Patrick 234,196 15.30%
Democratic Tom Munley 206,878 13.52%
Democratic John Younge 189,057 12.35%
Total votes 1,530,217 100.0%

General election

Results

2009 Pennsylvania Superior Court election (vote for 4)[1]
Party Candidate Votes %
Republican Judy Olson 954,065 15.05%
Republican Sallie Mundy 870,091 13.73%
Republican Paula Ott 807,328 12.74%
Democratic Anne E. Lazarus 726,917 11.47%
Democratic Robert J. Colville 724,830 11.43%
Republican Temp Smith 723,117 11.41%
Democratic Kevin Francis McCarthy 714,237 11.27%
Democratic Teresa Sarmina 690,682 10.90%
Libertarian Marakay J. Rogers 127,492 2.01%
Total votes 6,338,759 100.0%
Republican hold
Republican hold
Republican hold
Democratic hold

Judge of the Commonwealth Court

2009 Pennsylvania Commonwealth Court election
November 3, 2009
2 seats of the Commonwealth Court of Pennsylvania
  Majority party Minority party
 
Candidate Patricia McCullough
Kevin Brobson		 Linda Judson
Barbara Ernsberger
Party Republican Democratic
Last election 5 4
Seats won 2 0
Seat change Increase1 Decrease1
Popular vote 1,743,493 1,470,504
Percentage 54.25% 45.75%

There were two open seats on the Commonwealth Court of Pennsylvania. Judge James Gardner Colins resigned in January 2008,[19] while Judge Shelly Friedman reached the mandatory retirement age on December 31, 2008. Both Colins and Friedman were initially elected as Democrats.[20][21] Governor Ed Rendell nominated Johnny G. Butler, a Republican, to fill the vacant seat of Judge James Gardner Colins.[14] Judge Butler did not run for a full term.

The Candidates in the general election were selected in the Pennsylvania Municipal Primary Election which was held May 19, 2009. The two leading Republican candidates in the Primary were Patricia A. McCullough (36.2%) and Kevin Brobson (35.9%), followed by Al Frioni (27.9%). The two leading Democratic candidates were Barbara Behrend Ernsberger (22.0%) and Linda Judson (21.1%) followed by Jimmy Lynn (15.3%) Michael Sherman (14.9%) Stephen Pollok (13.5%) and Daniel Brickmont (13.3%).[22] The General Election was held on Tuesday November 3, 2009.

Republican primary

Candidates

Results

Republican primary results (vote for 2)[9]
Party Candidate Votes %
Republican Patricia McCullough 308,346 37.21%
Republican Kevin Brobson 291,387 35.17%
Republican Al Frioni 228,842 27.62%
Total votes 828,575 100.0%

Democratic primary

Candidates

  • Daniel Bricmont, personal injury attorney[26]
  • Barbara Behrend Ernsberger, general practitioner, Behrend & Ernsberger, P.C. (Pittsburgh-based law firm)[27]
  • Linda Judson, Workers' compensation lawyer, Treasurer of the Pittsburgh Parking Authority Board[28]
  • James "Jimmy" Lynn, Judge of the Philadelphia County Court of Common Pleas[24]
  • Stephen Pollock, member of the Pennsylvania State Planning Board, former co-chair of the Philadelphia Bar Association's Committee on Zoning, Land Use and Code Enforcement[29]
  • Michael Sherman, managing partner, Fried, Kane, Walters, Zuschlag & Grochmal (Pittsburgh-based law firm)[30]

Results

Democratic primary results (vote for 2)[9]
Party Candidate Votes %
Democratic Barbara Behrend Ernsberger 231,039 21.81%
Democratic Linda S. Judson 227,207 21.45%
Democratic Jimmy Lynn 161,424 15.24%
Democratic Michael Sherman 157,361 14.86%
Democratic Stephen Pollock 142,121 13.42%
Democratic Daniel Bricmont 139,961 13.21%
Total votes 1,059,113 100.0%

General election

Results

2009 Pennsylvania Commonwealth Court election (vote for 2)[1]
Party Candidate Votes %
Republican Patricia A. McCullough 903,745 28.12%
Republican Kevin Brobson 839,748 26.13%
Democratic Linda S. Judson 741,263 23.06%
Democratic Barbara Behrend Ernsberger 729,241 22.69%
Total votes 3,213,997 100.0%
Republican hold
Republican gain from Democratic

Judicial retention

Superior Court

Voters elected to retain Judge Kate Ford Elliott on the Superior Court.

Judge Kate Ford Elliott (D) Retention, 2009[1]
Choice Votes  %
Referendum passed Yes 973,175 68.90
No 439,272 31.10
Total votes 1,412,447 100.00
Source: PA Department of State

Commonwealth Court

Voters elected to retain Judge Dan Pellegrini on the Commonwealth Court.

Judge Dan Pellegrini (D) Retention, 2009[1]
Choice Votes  %
Referendum passed Yes 948,784 67.26
No 461,799 32.74
Total votes 1,410,583 100.00
Source: PA Department of State

References

  1. 1 2 3 4 5 6 "2009 Municipal Election". Pennsylvania Department of State. 2009. Retrieved November 13, 2009.
  2. ↑ "2009 Municipal Primary". Pennsylvania Department of State. 2009. Retrieved November 5, 2009.
  3. ↑ "State Supreme Court's chief justice announces retirement ** Ralph J. Cappy will be succeeded by Ronald D. Castille". The Morning Call. September 12, 2007.
  4. ↑ Jackson, Peter (November 1, 2009). "Pa. high court candidates have contrasting styles". The Mercury. Pottstown. Associated Press. Archived from the original on March 1, 2012. Retrieved November 5, 2009.
  5. ↑ O'Brien, John (November 3, 2009). "Republicans gain majority on Pa. SC". Legal Newsline. Chicago. Archived from the original on November 8, 2009. Retrieved November 5, 2009.
  6. 1 2 "Philly apathy pays off". Pittsburgh Tribune Review. November 8, 2009. After all, she owes her seat on the high court largely to the incredible voter apathy displayed last Tuesday in the City of Brotherly Love.
  7. ↑ Jackson, Peter (February 2, 2009). "Dems endorse Panella for high state court". The Mercury.
  8. ↑ "Judge Jack Panella will be lone Democrat for Supreme Court seat in Pennsylvania". The Express-Times. March 9, 2009.
  9. 1 2 3 4 5 6 "2009 Municipal Primary Official Results". Pennsylvania Department of State.
  10. 1 2 3 "Three Republicans in fight for state Supreme Court nod". Pittsburgh Post-Gazette. May 3, 2009. Archived from the original on December 2, 2023.
  11. ↑ "Judge Shogan drops bid for GOP nod for Pa. Supreme Court". Philadelphia Inquirer. March 25, 2009.
  12. ↑ Rellahan, Michael P. (August 11, 2009). "Judge Ott running for Superior Court". Daily Local News.
  13. ↑ "Democrats nominate Sarmina for Superior Court". Pittsburgh Post-Gazette. August 30, 2009. Archived from the original on December 2, 2023.
  14. 1 2 "6/23/2008 - Executive Noms - Re-referred" (PDF). Committee on Rules and Executive Nominations - PA General Assembly Senate.
  15. ↑ "Secretary of the Commonwealth Pedro A. Cortés Orders Recount in Close Superior Court Election" (PDF) (Press release). Pennsylvania Department of State. November 13, 2009. Retrieved November 13, 2009.
  16. ↑ "Recount in Close Superior Court Election Confirms Original Winner" (PDF) (Press release). Pennsylvania Department of State. December 1, 2009. Archived from the original (PDF) on October 21, 2012. Retrieved December 2, 2009.
  17. ↑ Worden, Amy (May 26, 2011). "PA counties prepare recount for judicial race". The Philadelphia Inquirer. Retrieved June 2, 2011. The last statewide recount - in a November 2009 contest for Superior Court race - cost the state $542,000.
  18. 1 2 3 4 5 6 7 8 9 "Superior picks: It's Lazarus, Colville and Younge for the Democrats". Pittsburgh Post-Gazette. May 10, 2009.
  19. ↑ "Long-serving judge to retire". Philadelphia Inquirer. October 4, 2007.
  20. ↑ "Candidate - James Gardner Colins". OurCampaigns.
  21. ↑ "1991 PA Commonwealth Court Election". OurCampaigns.
  22. ↑ "Pennsylvania Elections - Summary Results".
  23. ↑ "Inquirer Judicial Candidate Questionnaire - Kevin Brobson" (PDF).
  24. 1 2 Jackson, Peter (March 12, 2009). "24 candidates file to run for six judgeships". The Philadelphia Inquirer.
  25. ↑ Pierce, David (October 7, 2009). "Judge candidates campaign in Stroudsburg". Pocono Record.
  26. ↑ "Daniel King Bricmont - Personal Date Questionnaire" (PDF). Pennsylvania Bar Association.
  27. ↑ "Barbara Jo Ernsberger - Personal Date Questionnaire" (PDF). Pennsylvania Bar Association.
  28. ↑ "Linda S. Judson - Inquirer Judicial Candidate Questionnaire" (PDF).
  29. ↑ "Stephen G Pollock - Personal Data Questionnaire" (PDF). Pennsylvania Bar Association.
  30. ↑ "Michael D. Sherman - Personal Data Questionnaire" (PDF). Pennsylvania Bar Association.
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