Despite objections, Senate panel approves new judges

HARRISBURG -- The state Senate is moving ahead on the confirmation of two new Common Pleas Court judges, including one in Washington County, even though Supreme Court Chief Justice Ronald Castille doesn't want to add personnel due to budgetary problems.

The Senate Judiciary Committee today approved the nomination of Washington County criminal defense lawyer Phil Melograne to fill the seat left vacant by the death in June of Judge Mark Mascara. The action came even though the county bar association had opposed Mr. Melograne because he does a lot of work in Allegheny and other counties and just joined the Washington Bar Association in July. He said he has lived in Washington county for 10 years.

The Senate panel also approved the nomination of Bucks County lawyer James McMaster to fill an opening on the bench in that suburban Philadelphia county.

Justice Castille has told Gov. Ed Rendell, who made the nominations, and the Legislature that the state courts' budget is already headed for a $17 million deficit by the end of the fiscal year June 30, and adding two more judges will cost another $400,000 for salaries and benefits.

He said the judiciary has been unable to go along with Mr. Rendell's call for all state agencies to reduce their budgets by almost 2 percent because of the existing financial problems. The judiciary would have to cut spending by $1.7 million and says it can't. Justice Castille maintains that the judicial vacancies in Washington and Bucks counties can be filled on a temporary basis with senior (retired) judges.

But Sen. Barry Stout, D-Washington, said all six Common Pleas seats in the county need to be filled to handle the caseload. Sen. Robert Tomlinson, R-Bucks, also said all 13 judge seats in his county must be filled because of a growing population and caseload.

Sen. Jane Orie, R-McCandless, voted against both candidates because of the fiscal objections lodged by Justice Castille. She said she thought both men were qualified but the courts couldn't afford them right now.

The full Senate is scheduled to vote on the two judge candidates either today or Thursday, even though Justice Castille has asked them not to do so.