State Supreme Court holds ultimate power over Fayette’s district justice structure
Fayette County President Judge Conrad B. Capuzzi won’t have the final say on which three of the county’s 13 district justices will lose their jobs. The ultimate decision will be up to the state Supreme Court, said Art Heinz, spokesman for the court.
The boundaries of all the state’s district justices are examined every 10 years by the court in tandem with the census.
While some counties keep all of their magistrates, other can lose or gain based on a myriad of factors, including population.
This census, Fayette had a modest population gain of 3,293. In the 1990 census, when the county lost no district justices, it had a population drop of nearly 13,600 people.
Although former President Judge William J. Franks submitted a proposal asking to keep things as they are, the Supreme Court rejected that and sent a letter to Capuzzi last week, asking that he eliminate three positions.
Heinz said such a request is not unusual.
While Capuzzi must submit his plan by Monday, Heinz said it’s hard to tell when the Supreme Court will make its ruling.
“We really don’t know how long it will take. (The Supreme Court) may determine more information is needed or the plan needs to be revised again,” said Heinz.
Since the high court’s approval could take months, this throws a potential monkey wrench into the upcoming primary election where three district justices are up for election.
Up for election this year are Randy Abraham, who serves Fairchance, Smithfield, and Point Marion boroughs along with Springfield and Georges townships; Ronald Haggerty, who serves the Connellsville City, South Connellsville Borough and Connellsville Township; and Dwight Shaner, who serves Dunbar Township along with Dunbar and Vanderbilt boroughs.
“With respect to the individuals who are up for re-election, it’s difficult to say how the plan might impact them,” Heinz said. “There’s a lot of uncertainty right now.”
However, Heinz did say that those district justices targeted for elimination will be allowed to serve out the remainder of their six-year terms.
Heinz said the Supreme Court had hoped to complete redistricting in all counties between July and December, but decisions for six of 59 counties, including Fayette, remain outstanding.
He also noted that although Fayette is losing district justices, it does not have to do with a quota on the number of justices throughout the state.
“One county’s loss is not another’s gain. There were 550 district justices statewide prior to the start of the realignment process. The expectation is that statewide figure will increase,” said Heinz.