State justices drop bombshell, hurry to tropics

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Brad Bumsted is the Tribune-Review's state Capitol reporter and can be reached at 717-787-1405, via e-mail or on Twitter.
HARRISBURG -- One day after issuing but not explaining a bombshell decision to invalidate legislative redistricting maps, three state Supreme Court justices were in San Juan, Puerto Rico attending the Pennsylvania Bar Association's midyear meeting.
Chief Justice Ronald Castille of Philadelphia, Justice Michael Eakin of Mechanicsburg and Justice Max Baer of Mt. Lebanon are panelists at the conference that began on Thursday and runs through Saturday, said Marcy Mallory, a bar association spokeswoman. The oceanfront Caribe Hilton, a resort the bar association bills as "one of the most luxurious properties in Puerto Rico," is hosting the event.
Castille and Eakin did not return messages seeking comment.
Baer could not be reached either. "He actually works a lot when he goes to these," his office spokeswoman said.
A spokeswoman for the Administrative Office of Pennsylvania Courts said the AOPC does not know the justices' schedules.
It's unclear whether state taxpayers, the bar association or the justices personally are paying for the $1,600-per-person event. Justices and judges routinely traveled to luxury resorts in the past and billed the state. But in October 2010, Castille said judges could go to the midyear conferences on their "own dime," court spokesman James Koval has said.
Mallory said the bar association offers to reimburse judges who are invited as panelists and speakers.
The Supreme Court is not expected to explain its redistricting decision until at least next week. That leaves potential candidates uncertain whether they are running in new districts approved by the Pennsylvania Legislative Reapportionment Commission but overturned by the court, or in current districts from the 2001 reapportionment.
Yesterday was the first day for candidates to circulate nominating petitions for their candidacies.
"This is totally nuts," said Timothy Potts, co-founder of Democracy Rising PA and a frequent court critic. "It is inexcusable for them to be at a conference with this issue unresolved."
The court on Wednesday issued a 4-3 order overturning the Legislature's 2012 reapportionment maps. But the court did not issue its majority ruling explaining how to fix problems with the maps. Legislative leaders have said they don't know whether the court thinks changes are needed at the margins or whether the whole plan must be redone.
"That's preposterous," Potts said.
Baer told Capitolwire.com: "This year's elections are going to go on the 2001 lines."
That had the state GOP crying foul.
Republican Party of Pennsylvania Executive Director Mike Barley claimed Baer violated the Pennsylvania Code of Judicial Conduct and the state Constitution when he made comments to the press regarding an ongoing court proceeding.
"While the rest of Pennsylvania anxiously awaits the court's opinion on redistricting, Justice Baer decided to provide his own commentary on the matter, violating both judicial canon and the Pennsylvania Constitution in the process," Barley said. "The fact that a Pennsylvania Supreme Court judge would make politically motivated comments to the press on a pending court proceeding is absolutely outrageous, especially since the court's official opinion on the matter has not yet been released."
With a 4-3 Republican edge on the court, many believed the decision would fall along party lines.
But Castille, a Republican, sided with Democrats Baer, Seamus McCaffrey of Philadelphia and Debra Todd of Cranberry. In the minority were Eakin, Justice Joan Orie Melvin of Marshall, and Thomas Saylor, originally from Somerset.
As for when the majority opinion will be issued, AOPC spokeswoman Amy Kelchner said: "We don't know. We've been told it won't be this week."
Baer was listed as a conference panelist yesterday morning on "Hot Topics in Civil Litigation."
Eakin was slated for "Hot Topics in Appellate Courts," and Baer and Castille were scheduled to lead a seminar on "The Road to Sustainable Funding for Our Courts."
Other state and federal judges from Pennsylvania are attending the Puerto Rico meeting.
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