A New Chapter for PA Supreme Court on the Horizon: State Roundup

By PA Independent Staff

HARRISBURG — After a whirlwind week where the House of Representatives passed a landmark bill to privatize state liquor stores, the spotlight turned from one branch of government to another.

All eyes were on the judiciary as presently suspended Supreme Court Justice Joan Orie Melvin announced her resignation, effective May 1.

That means Gov. Tom Corbett can appoint a new justice to the high court, one who would serve until the next election for the seat in 2015. His appointment will have to be approved by two-thirds of the state Senate, creating yet another bargaining chip for the governor and legislative leaders.

Melvin absence leaves deadlocked court

Melvin resigned Monday, a few weeks after she was found guilty of using taxpayer-funded resources for her campaign. Charges include theft, conspiracy and misappropriation of state services.

Without Melvin on the bench, and no replacement on deck, Pennsylvania’s highest court is stuck in a tie with three Republican and three Democratic judges.

Chief Justice Ron Castille said the court is struggling with the even number of justices, as it can result in tied decisions.

“It tells you what three people think on one side and it tells you what three people think on the other side,” he said. “It doesn’t set any precedent.”

In cases of a tie, the lower court decision stands. Lynn Marks, executive director of Pennsylvanians for Modern Courts, said split decisions essentially deprive the parties of an appeal.

“Not only is this unfair to individual litigants, but it prevents the court from developing or explaining new or existing law,” Marks said in an email.

Liquor vote heading to Senate

Now that the House passed House Bill 790, which would sell off the state store wine and liquor system, it’s up to the Senate to decide whether Pennsylvania is getting out of the liquor business.

It remains to be seen if the Republican majority in that chamber will follow the House’s footsteps. There, a Democratic proposal has already amassed majority support.

Senate Minority Leader Jay Costa, D-Allegheny, said this week that HB 790 in its current form faces no support in the Senate Democrat caucus.

Instead, he believes the caucus – along with a handful of Republicans – are more likely to support a bill from another Allegheny Democrat, Sen. Jim Ferlo, that keeps the state system open and improves its operation. That legislation would increase Pennsylvania Liquor Control Board profits by up to $100 million a year, Costa said, and it would allow as many as 5,000 people who work in the state store system to keep their jobs.

“More than 26 members believe the appropriate approach is a modernization effort,” Costa said. “And we think the legislation that Senator Ferlo introduced does a number of things.”

PA liquor laws turn border jumpers into bootleggers

During the liquor privatization discussion over the last few weeks, there’s been plenty talk of “border bleed,” or Pennsylvania residents who leave the state to purchase booze elsewhere. But those consumers are actually breaking a law, as it is illegal in Pennsylvania to bring in alcohol purchased in another state.

Those who get caught are hit with fines of $10 per container of beer or malt beverage, and $25 for other types of alcohol. The goods are also confiscated.

But the likelihood of getting hit with these fines is slim. Major John Lutz, who runs the Pennsylvania State Police Bureau of Liquor Control Enforcement, said enforcing the out-of-state-purchase laws is less of a priority than it was several years ago.

“People are going down there to be lots of things,” he said. “I don’t think (border bleed) is being done for the purpose of selection. I think it’s being down for the pure economics of it, if people can save money.”

A 2011 online survey from the Pennsylvania Liquor Control Board examined where Pennsylvanians buy their booze.

While 55 percent of respondents exclusively bought alcohol in-state, 32 percent were “opportunistic buyers,” who might buy alcohol out-of-state, if convenient. Another 8 percent were “destination buyers,” or people who make specific trips out-of-state to buy alcohol but also shop at state stores. The remaining 5 percent exclusively purchased alcohol out-of-state.

PA Treasurer joins lawsuit against NCAA

This week, Capitolwire’s Kevin Zwick reported that state Treasurer Rob McCord joined Sen. Jake Corman, R-Centre in a lawsuit against the National Collegiate Athletic Association.

The lawsuit asks that the organization return the first round of sanction fees paid by Penn State University, levied by the NCAA after the conviction of Jerry Sandusky in a child sexual abuse case.

Zwick reports:

“In an amended filing, McCord contends the NCAA is not in compliance with the requirements of the newly enacted Institution of Higher Education Monetary Penalty Endowment Act.

The law, pushed by Corman, requires any monetary penalty greater than $10 million imposed against a college or university be directed to the trust fund, of which McCord is sole custodian. The lawsuit says McCord also filed on behalf of Pennsylvania organizations, nonprofits, victims and programs that would receive funding under the law.”

DePasquale to audit Port Authority

Auditor General Eugene DePasquale announced Friday he will begin an audit of Port Authority, the public transportation system of Pittsburgh and the surrounding region.

DePasquale said in a statement that Port Authority, which receives state tax dollars, plays an important role for business shipping and public transit for tens of thousands of residents.

“With such important functions, and considering that the authority receives state tax dollars, it is essential to closely monitor the authority’s activities and make recommendations for improvements where necessary,” Depasquale continued.

Port Authority, the second-largest public transportation system in the state, recently reached a new contract agreement with its unionized workers in the face of a budget gap and growing pension and benefits obligations.

Contact Melissa Daniels at melissa@paindependent.com