The Herald, Sharon, PA Published Monday, April 28, 2003

Forum set for judge candidates

By Jeff Greenburg
Herald Political Writer

With two judge positions open on the ballot for one of the few times, if not the only time, in Mercer County history, the 2003 election for is expected to spark more interest than in most years.

So it might only be appropriate that one rare event deserves another.

Eight candidates will be on the ballot for the May 20 primary, including Democrats Margaret Lucas, Stephen Mirizio, Christopher St. John, Joann Jofery and James Nevant, and Republicans James Goodwin, William McConnell Jr. and John Reed.

The candidates are scheduled to appear at the Mercer County Judicial Candidates Forum at 7 p.m. Wednesday in Sticht Auditorium in the Hall of Arts and Letters at Grove City College.

"It is pretty rare," Michael Coulter, an associate professor of political science for eight years at Grove City College, said regarding a judicial forum. "In part, it's rare because judicial candidates are bound by a code of judicial conduct."

It's that code -- specifically Canon 7 of the code that comes from the American Bar Association -- which Coulter said has limited judicial candidates from speaking on the issues during campaigns in the past.

And the part of Canon 7 that served as a gag of sorts over the years for judicial candidates reads that candidates should not "make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court."

However, last November the Pennsylvania Supreme Court amended its code, striking a clause that prohibited candidates from "announcing their views on disputed legal or political issues," Coulter said.

The high court was forced to make the change after a 5-4 U.S. Supreme Court decision last summer struck down an identical restriction in Minnesota, citing that it unconstitutionally inhibited freedom of speech.

The ruling allows candidates to voice their opinions on tort reform, criminal sentencing and other issues in a way they haven't been able to since 1974 when the old restriction was first adopted.

Coulter said, however, it hasn't had the desired effect, at least not yet.

"Candidates are still tentative, even about this forum," Coulter said regarding the upcoming candidates night. "The candidates are a little concerned about what they can say."

And, he added, the Pennsylvania Supreme Court won't issue advisory opinions and won't take up the issue until someone actually says something specific.

"I think candidates are treating it like the old language," Coulter said.

Armstrong Cable is scheduled to broadcast the forum on a tape-delay basis several times, Coulter said, and Grove City College's radio station WSHA will air the forum live. WPIC also plans to tape the forum and rebroadcast it at a later date.

Grove City College will also host a forum at 7 p.m. Thursday for candidates for Mercer County commissioner.



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