Panepinto touts his abortion views in Pa. judicial race

May 16, 2011|By Amy Worden, Inquirer Harrisburg Bureau
  • Paul Panepinto is now on the Phila. Court of Common Pleas.

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."

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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.

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