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Cappy: State Supreme Court acted properly on pay raises
Tuesday, May 20, 2008

Retired Pennsylvania Supreme Court Chief Justice Ralph Cappy today issued a stinging rebuttal to a lawsuit alleging that he negotiated a pay raise for himself and fellow justices in 2005 by saying their support would be needed in litigation that could have overruled a bill legalizing casino gambling.

The federal suit, filed in Harrisburg yesterday by the League of Women Voters of Pennsylvania, contends that Mr. Cappy, in a meeting with legislative leaders, said "he needed the pay raise to secure the votes of Republican justices" on cases important to that legislative caucus.

At the time, the League had a lawsuit pending to overturn state legislation legalizing casino gambling in the state.

While the suit does not contend that the court fixed the case, attorney Paul A. Rossi said the comment at the least created an appearance of impropriety and denied the organization its due process rights under the United States Constitution.

In a statement today, Mr. Cappy said the allegations are "best described as preposterous.

"It is also worth noting that Mr. Rossi filed a similar and equally ridiculous lawsuit several years ago which was dismissed by a federal judge."

That lawsuit, brought by Common Cause of Pennsylvania, is currently on appeal.

"I do not understand why a respected organization such as the League of Women Voters would associate itself with this irresponsible lawsuit, especially since the charges consist of falsehoods, speculation and innuendo," Mr. Cappy said in a statement released through the court administrative office.

Mr. Rossi today said the newest suit includes allegations from an unnamed member of the Legislature who he said has agreed to come forward during the case's discovery phase. He said there are several other members of the General Assembly who also have provided information about negotiations leading up to the 2005 pay raise.

"These are people who don't make stuff up. They are some of the few trustworthy members of the Legislature. They are beyond reproach," Mr. Rossi said.

First published on May 20, 2008 at 1:19 pm
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