HARRISBURG -- Duquesne University Law School professor Ken Gormley is high on Gov. Ed Rendell's list of candidates to fill the seventh and final seat on the state Supreme Court.
"Ken would be fabulous on the court," his Duquesne Law colleague, professor Bruce Ledewitz, said yesterday. "He's an expert on the Pennsylvania Constitution, and interpreting the constitution is the court's most important responsibility."
Mr. Gormley is also being considered for a two-year vacancy on state Superior Court.
Mr. Rendell, who is expected to submit his nominee for Supreme Court to the Senate shortly, also is considering James Gardner Colins, a senior judge on Commonwealth Court, and senior Superior Court Judge James Fitzgerald, who in 2007 served nine months on the Supreme Court, filling out the term of a justice who had retired.
Mr. Rendell couldn't be reached yesterday, but two Senate Republican lawyers, Drew Crompton and Steve MacNett, said those three were the leading candidates to replace former Chief Justice Ralph Cappy, who resigned recently to work for a law firm in Pittsburgh.
Based on two recent meetings among Rendell's staff and senators, "I think they would be considered the frontrunners for the vacancy on the Supreme Court," said Mr. MacNett.
Once the governor makes his selection, the nominee must meet with senators, appear before the Judiciary Committee and then finally be approved by the full Senate.
Mr. Gormley, 52, of Forest Hills, is also president of the Allegheny County Bar Association and edited a major reference work on the state constitution.
"I am deeply appreciative that I am even in the mix," he said. He teaches constitutional law, First Amendment issues, and political and civil rights.
Mr. Ledewitz said that when Supreme Court justices decide cases based on the state constitution, "they are dealing with our most fundamental rights, and there is no appeal from those decisions."
Judge Fitzgerald, 68, of Philadelphia, said yesterday he would love to fill out the remaining two years of Justice Cappy's term.
"It's a tremendous experience" being on the court, said Judge Fitzgerald, who was a Common Pleas judge in Philadelphia for 17 years. "I enjoyed my time on the Supreme Court and I thought we did some good work for the citizens of Pennsylvania."
Judge Colins, 61, also of Philadelphia, retired just two weeks ago from Commonwealth Court, where he'd served since 1984, including 10 years as president judge. He is now in senior judge status on the court.
He said he's honored to be considered for the Supreme Court.
"Since my first year in law school, it has been my dream to serve on the Pennsylvania Supreme Court," he said.
Judge Colins is no stranger to controversy. In fact, would-be presidential candidate Ralph Nader issued a strongly worded statement yesterday urging Mr. Rendell not to name Judge Colins to the high court. Mr. Nader is still upset over the judge's decision in 2004 to keep Mr. Nader off the presidential ballot in Pennsylvania because of questions about some ballot signatures.
Mr. Nader claimed Judge Colins "issued an opinion in which he falsely accused our campaign of seeking to gain ballot access by fraud."
Judge Colins responded that his decision in the Nader case was affirmed by the state Supreme Court and the U.S. Supreme Court declined to hear the case.
"Mr. Nader should focus on the people who signed his petitions -- Mickey Mouse is not an appropriate signature," he said.
