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
RepublicanJoan Orie Melvin of
Allegheny County and
DemocratJack 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]
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]
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.
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]