If she had been convicted in December, then that would be more then 10 months before the next election in November. The problem is this is February and I suspect the courts will read the ten month rule as being before the Election prior to 1/1/2014 not before 1/1/2014.
Another reading of the sentence involve can be 10 months before 1/1/2014. The sentence is question is:
The person so appointed shall serve for a term ending on the first Monday of January following the next municipal election more than ten months after the vacancy occurs or for the remainder of the unexpired term whichever is less
Does that mean 10 months before the Muncipal Elections, or 10 months before the first Monday in January AFTER that election? I suspect the later, thus 2015 is the earlist we can have an election, but if the former, then it can be in 2013 IF she is sentenced before March 1, 2013. She is NOT removed from office till she is sentence under Pa Law (If you remember the Bob Dyer sucide, he did it AFTER he had been convicted but before he was sentenced, so he did NOT lose his pension, nor his wife's right to his pension for he died BEFORE he was sentenced). The same here, she is still a Justice till she is sentenced unless she resigns, and if she waits till after March 1, 2013 the above dispute become moot (i.e. under either interpetation there would be no way to have 10 months of a vacacy before 1/1/2014 if she waits to resign after 3/1/2013).
Election of Justices, Judges and Justices of the Peace; Vacancies
Section 13.
(a) Justices, judges and justices of the peace shall be elected at the municipal election next preceding the commencement of their respective terms of office by the electors of the Commonwealth or the respective districts in which they are to serve.
(b) A vacancy in the office of justice, judge or justice of the peace shall be filled by appointment by the Governor. The appointment shall be with the advice and consent of two-thirds of the members elected to the Senate, except in the case of justices of the peace which shall be by a majority. , except in the case of persons selected as additional judges to the Superior Court, where the General Assembly may stagger and fix the length of the initial terms of such additional judges by reference to any of the first, second and third municipal elections more than ten months after the additional judges are selected. The manner by which any additional judges are selected shall be provided by this section for the filling of vacancies in judicial offices.
(c) The provisions of section thirteen (b) shall not apply either in the case of a vacancy to be filled by retention election as provided in section fifteen (b), or in the case of a vacancy created by failure of a justice or judge to file a declaration for retention election as provided in section fifteen
(b) in the case of a vacancy occurring at the expiration of an appointive term under section thirteen (b), the vacancy shall be filled by election as provided in section thirteen (a).
http://sites.state.pa.us/PA_Constitution.html
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Jury finds Orie Melvin guilty on all but one count (Original post)
