HARRISBURG -- A state senator and state Supreme Court justice are throwing brickbats at each other over a letter the jurist wrote about a court critic from Duquesne University.
Sen. Jeffrey Piccola, R-Dauphin, and Justice Ronald D. Castille called each other arrogant and self-important during separate telephone interviews last evening.
The feud was spurred by Justice Castille's letter last week assailing Duquesne University for allowing one of its law professors to criticize the judicial system.
"The justices are an arrogant bunch," said Mr. Piccola, an attorney who considered running for the bench this year but was not endorsed. "They have an attitude that they are more than interpreters of the law and they need to be reined in."
His comments came after he reviewed the letter addressed to Duquesne law professor Ken Gormley. In it, Justice Castille told Mr. Gormley he would not "lend the prestige of this court" to an event at the university as long as Duquesne provides a forum for another professor, Bruce Ledewitz, to criticize the court.
Mr. Ledewitz could not be reached last evening.
The spat first came to light last week when Mr. Ledewitz testified before the Senate State Government Committee on a bill to prevent judges from receiving automatic raises whenever federal judges' pay increases.
Mr. Ledewitz, a frequent court critic, testified that he felt threatened by Justice Castille's letter, which indicated he could be brought before the court's Disciplinary Board for violating the Rules of Professional Conduct when he called the court corrupt and characterized an opinion Justice Castille wrote in the 2006 pay-raise case as a "judicial swindle."
Reached last week, Justice Castille said he had no plans to file a formal complaint, but he is rethinking that.
"Let's just say that of the moment I have not," he said. "It's not often that I refer an attorney to the Disciplinary Board, but this is egregious. It's a personal insult to me and it's a slur on the profession."
He said justices are used to criticism, but Mr. Ledewitz crossed the line when he accused them of corruption, which is a crime.
"We can take our criticism, but it's nice when it's fair. Attorneys can't go around making unfounded, baseless, slanderous allegations they can't support," he said. "I don't like to be called corrupt. ... I have a reputation that I've earned and I'm not going to take it lying down when some liberal law professor goes around charging me and my court with criminal conduct."
Mr. Ledewitz was shown the letter but did not have a copy of it when committee members asked to see it last week.
Mr. Gormley declined to provide a copy to Mr. Piccola's office unless by subpoena. The senator planned to issue one, but before he did, Justice Castille yesterday voluntarily provided the letter to Senate Chief Counsel Steve McNett.
Mr. Piccola plans to distribute it to the State Government Committee but does not anticipate any action stemming from the letter.
"There's not much we can do other than amend the constitution to make it more clear as to what justices' limitations are," he said. "Perhaps a more immediate remedy is the electoral process."
Justice Castille has five years left in his term but two other seats are up for retention elections and a third seat is vacant.
Mr. Piccola said he intends to publicize Justice Castille's letter with Election Day in mind.
"By putting it out there, it discourages anything like this from happening again," he said.
Letters like Justice Castille's inappropriately stifle public criticism of the judiciary, particularly from witnesses at legislative hearings, he said.
"People should be absolutely free to speak what's on their mind, give us the unvarnished truth. Any attempt by the high court to threaten and intimidate is just contrary to everything we believe in this country," Mr. Piccola said. "People should know how this court behaves."
