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District judge candidate pulls name
Seat may remain open until next election; Judge Joseph O'Donnell is filling role
Sunday, May 04, 2008

The front-runner for the vacant magisterial district judge post in Cranberry no longer is interested in the job.

Kevin Flaherty, who had been recommended by state Sen. Jane Orie, said he has decided he wants to remain in his current post as Butler County public defender.

"I've had second thoughts. I'm satisfied where I'm at,'' he said.

His decision is fueled by personal reasons that he said he didn't want to discuss, as well as his pleasure with newly elected District Attorney Rich Golding. "It's become a particularly great place to work since he took office,'' Mr. Flaherty said.

Mr. Flaherty said he will send a letter to the governor's office this week as a follow-up to his call to the office about a month ago.

Under the law, Gov. Ed Rendell had 90 days from the date the vacancy occurred to nominate a successor who must be confirmed by the state Senate. The vacancy occurred Jan. 4 when Kelley Streib took a seat on Butler County Common Pleas Court after being elected to the bench in November.

However, Chuck Ardo, the governor's spokesman, said the governor has forwarded a name to the state Senate in what amounts to a straw nominee, essentially to hold the spot for a true nominee.

"It's a time-honored way for the administration to extend the time period and fulfill the statutory requirements,'' Mr. Ardo said of the governor's "placeholder" nomination.

He said the governor hasn't nominated a true candidate for the job because he's waiting for the Senate to confirm four appellate court nominees.

"Those names were submitted to the Senate weeks ago and they have failed to act on those nominations. There's no sense in making [lower court] nominations that aren't likely to get acted on,'' Mr. Ardo said.

Mr. Ardo said he expects the governor "will review his choices and make a nomination based on who is best qualified and most easily confirmable."

Traditionally, a replacement for a judicial office is unofficially picked by the state senator in whose district the vacancy occurs.

A spokesman for Sen. Orie, R-McCandless, said she is reviewing her options.

In addition to Mr. Flaherty being nominated by Sen. Orie, the Butler County Republican Committee also had made a recommendation to the governor's office, although committee Chairman F. Arthur Rauschenberger III had said the committee agreed not to identify the person.

Mr. Ardo said it is common for the governor to have multiple nominees.

Possibly complicating the selection process are unconfirmed reports that the governor has asked that the person who is confirmed not run for the position after the term of the vacancy is finished.

Butler County Elections Bureau Director Regis Young said the term will be filled in the next municipal election, meaning that nominees will be picked during the spring 2009 primary election and the race decided in the November 2009 general election. The candidate-elect would take office in January 2010. District judge terms extend six years.

The question is whether someone will be appointed to the post between now and then. Currently, Senior District Judge Joseph O'Donnell is serving in the post.

Butler County President Judge Thomas Doerr predicted that the tussle between the governor's office and the Senate over appellate appointments could leave the Cranberry post open until the next election. He said the procedure currently being used -- a fill-in by Judge O'Donnell -- is adequate until then, though he would have preferred that an appointment be made.

In the meantime, Judge O'Donnell will be assisted as needed by other retired district judges when and if the workload is more demanding than Judge O'Donnell wants, Judge Doerr said.

Karen Kane can be reached at kkane@post-gazette.com or 724-772-9180.
First published on May 4, 2008 at 12:00 am
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