In Re: Richard D. Cicchetti, Former Judge and President Judge, Court of Common Pleas, Fourteenth Judicial District, Fayette County (Concurring And Dissenting Opinion)
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M.O. - Newman, J. [J-251-1998] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: RICHARD D. CICCHETTI, FORMER JUDGE AND PRESIDENT JUDGE COURT OF COMMON PLEAS FOURTEENTH JUDICIAL DISTRICT FAYETTE COUNTY APPEAL OF: JUDICIAL CONDUCT BOARD (at 92MDA97) APPEAL OF: RICHARD D. CICCHETTI (at 93MDA97) : : : : : : : : : : : : : : : No. 92 M.D. Appeal Docket 1997 No. 93 M.D. Appeal Docket 1997 Appeal from the Order of Court of Judicial Discipline entered July 8, 1997 at No. 2 JD 96 ARGUED: NOVEMBER 18, 1998: CONCURRING AND DISSENTING OPINION MR. JUSTICE CAPPY DECIDED: January 13, 2000 I join the majority opinion in affirming the decision of the Court of Judicial Discipline. I disagree, however, with the decision of the majority to prospectively bar court-appointed employees from participation in judicial retention elections. Retention elections are designed to insulate sitting jurists from being forced to engage in partisan politics. Barring court-appointed employees from involvement in retention election activities on the basis that such involvement creates the appearance of improper political activity undermines the perception that retention elections are nonpolitical. As I strongly believe that greater strides should be taken to enhance the public belief that retention elections are not political, I am compelled to dissent from that portion of the majority opinion. Accordingly, for the reasons stated herein, I join in part and dissent in part to the majority opinion. [J-251-98] - 2
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