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Law professor keeping heat on Supreme Court
Thursday, March 29, 2007

HARRISBURG -- Tension is thick between the state Supreme Court justice who wrote last year's opinion upholding judicial pay raises and a prominent critic of the state judiciary, Bruce Ledewitz of the Duquesne University School of Law.

The conflict came to light yesterday during a Senate State Government Committee hearing on a bill that would prevent state judges from receiving automatic raises every time federal judges' pay increases.

During his testimony, Mr. Ledewitz said he felt threatened by a letter Justice Ronald D. Castille wrote saying he could be disciplined for calling the court corrupt and characterizing the pay-raise decision as a "judicial swindle."

The letter was sent to another professor who had invited Justice Castille to attend an upcoming Duquesne reception for U.S. Chief Justice Samuel Alito.

It accuses Mr. Ledewitz of violating a provision of the rules of professional conduct that prevent lawyers from knowingly making false statements about a judge's qualifications or integrity.

Justice Castille wrote that he would not attend the Alito event as long as Duquesne continues to provide a platform for Mr. Ledewitz to criticize the court.

Law school Dean Donald Guter showed Mr. Ledewitz the letter Monday but did not give him a copy and would not provide one to the Pittsburgh Post-Gazette yesterday. Justice Castille would not provide the letter either, but confirmed its contents.

"It says I'm not going to undermine the prestige of this court by my presence [at Duquesne] as long as a professor there is making charges of criminal conduct against this court," he said. "He's making unfair accusations that appear to violate the rules of professional conduct ... and his law school ought to know that."

Mr. Guter said Duquesne supports professors' right to express their views on controversial issues.

"Professors are supposed to tell audiences they're speaking for themselves, not the university, and I believe professor Ledewitz does that," Mr. Guter said. "He is speaking for himself and I think he's made that clear."

Mr. Ledewitz stands behind his criticism of the court, but said he did not accuse judges of crimes.

"Bending the law to suit your own self-interest is what I meant by corruption. I'm not accusing them of taking bribes, and I don't think anyone thought I was," he said.

Lawmakers said Justice Castille's letter was inappropriate and are seeking a copy.

"It comes across as saying if somebody expresses their views in ways public officials don't like they could be sanctioned," said state Sen. Anthony Williams, D-Philadelphia.

Justice Castille pointed out in his letter that the judicial Disciplinary Board is empowered to suspend law licenses or, in extreme cases, disbar attorneys who violate the code of conduct. He said yesterday that he does not plan to file a complaint.

Justice Castille's letter didn't stop Mr. Ledewitz from criticizing the judiciary during testimony yesterday.

"When the subject is money, either funding for the courts or pay for judges, the court has not been impartial. This lack of impartiality is the greatest corruption that can afflict a court because it eats away at the confidence citizens can have in the rule of law," he testified.

The committee approved the proposal to divorce state judges' pay from federal judges' pay. The bill would maintain cost-of-living adjustments for judges.

"State salaries should be set by state officials," said Sen. Jeffrey Piccola, R-Dauphin, who sponsored the bill.

Next it heads to the full Senate for a vote.

First published on March 29, 2007 at 12:00 am
Tracie Mauriello can be reached at tmauriello@post-gazette.com or 1-717-787-2141.
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