EmailEmail
PrintPrint
Obituary: Ralph J. Cappy / Retired Pennsylvania chief justice
Aug. 25, 1943-May 1, 2009
Sunday, May 03, 2009

Retired state Supreme Court Chief Justice Ralph J. Cappy, the reform-minded native son who led the Allegheny County public defender's office, became a respected Common Pleas judge and later joined the high court at a low point in its history, died unexpectedly Friday night in his home in Green Tree.

Mr. Cappy, who retired from the Supreme Court in January 2008, was 65.

The exact cause of death was not known yesterday, but Deputy Court Administrator of Pennsylvania Tom Darr said Mr. Cappy had recently undergone surgery for blocked arteries. Mr. Cappy died as he was preparing to leave home for a social engagement Friday evening, and friends found his body after he failed to arrive, Mr. Darr said.

Mr. Cappy's death came as a shock to his many friends and associates, who knew him to be an active man who enjoyed golf and riding motorcycles since he left the high court and joined the law firm of Buchanan Ingersoll & Rooney.

Mr. Cappy, appointed chief justice in 2003, served on the state Supreme Court for 18 years, part of a distinguished career in law that included nearly 30 years as a judge.

He joined the high court in 1990 and worked to restore its reputation after years of concerns about corruption. Known by his peers as a pragmatic problem-solver, Mr. Cappy pushed for reform, including lobbyist disclosure, elimination of race and gender bias, and the reduction of medical malpractice suits. He sought to update the courts, propelling the computerization of state court records.

"He understood the problems of running a court in a modern society," said Allegheny County Common Pleas Judge Lawrence J. O'Toole, who worked as a trial attorney for the public defender's office under Mr. Cappy's leadership. "In many ways, he brought the court forward into a new millennium."

Mr. Cappy was born on Aug. 25, 1943 to Catherine Miljus Cappy and Joseph R. Cappy, whom Mr. Cappy once called "the greatest man I know." He grew up in Brookline, but the Cappy family's roots were in a small mountain village outside Naples, Italy. The family shortened its name from Capodano to Cappy because Italians struggled to get jobs during the Depression.

Mr. Cappy earned his bachelor's degree in 1965 and his law degree in 1968, both from the University of Pittsburgh. He was chairman of the university's board of trustees, on which he served since 1992.

Chancellor Mark Nordenberg said yesterday that Mr. Cappy was "totally committed to the university."

"His warm and welcoming personality defined him as a leader, made others eager to work with him and stood at the center of his many friendships," the chancellor said in a statement. He planned to return from a trip to China after learning of Mr. Cappy's death.

After graduating from Pitt's law school, Mr. Cappy served as a law clerk for the late Common Pleas Judge Henry Ellenbogen while also maintaining a private practice. He then joined the county public defender's office, where he worked as first trial assistant in homicide cases and deputy director before becoming chief public defender, a position he held from 1975 to 1978.

His work had a lasting effect on the office, said Public Defender Michael J. Machen. He often made himself available to lawyers and clients alike.

"He offered guidance," said Mr. Machen. "He was a mentor to me."

Mr. Cappy's judicial career began when then-Gov. Milton Shapp appointed him to Allegheny County Common Pleas Court in 1978. He was elected to a full 10-year term on the Common Pleas Court bench the following year and was assigned to the criminal division.

"He was a mentor to all the young judges when he came on the bench," Common Pleas Judge Joseph James said. "Ralph took a lot of us under his wing and gave us direction ... Many times when you were looking for guidance you could pick up the phone and call Ralph."

After serving in the family, criminal and civil divisions, he was appointed administrative judge of the civil division, where he was hailed as an innovator in moving cases and handling the judicial caseload. The post would serve as a springboard during his 1989 run for the state Supreme Court.

In that bitter, hard-fought election, his Republican challenger, Montgomery County Common Pleas Judge Anita Brody tried to portray Mr. Cappy as soft on crime; he accused her of running a "slander and run" campaign. Mr. Cappy won by more than 167,000 votes.

Mr. Cappy came to the Supreme Court at a controversial time on the high court, including the impeachment and removal of former Justice Rolf Larsen.

After a mostly quiet tenure, Mr. Cappy caused an uproar when he advocated a controversial legislative pay raise in 2005 and said critics of the raises were having a "knee-jerk" reaction. A public outcry prompted lawmakers to repeal the raises for legislators, but Mr. Cappy drew more flak when the court upheld the raises for the state's judges. Some critics thought it was a conflict of interest for justices to rule on their own salaries.

"In his tenure as chief justice, he fought very hard for all the judges in the state, at some sacrifice to himself," Common Pleas Judge Eugene B. Strassburger said. "He felt it was something that was needed."

Mr. Cappy and others on the state's high court also drew criticism when it upheld the legalization of slot machines. He also implemented rules that cut the number of medical malpractice suits, and his court ushered in a program to place abused children in permanent homes more quickly.

Chief Justice Ronald D. Castille called Mr. Cappy a "great leader in creating programs that improved the administration of the Supreme Court and the many committees the court supervises."

Mr. Cappy retired at age 64, well below the mandatory retirement age, saying he wanted to spend more time with family and pursue personal interests.

Friends remembered Mr. Cappy for more than his judicial career; they said he was a pleasant man who could ease a tense courtroom, a friend whose humor could always elicit a smile and an epic softball player, a power hitter in the 1970s on a team of fellow lawyers -- The Defendants.

"He was a very personable guy," Judge Strassburger said.

Mr. Cappy is survived by his wife, Janet Fry Cappy; one son, Erik A. Fry; and a sister, Patricia Smith.

Visitation will be from 1 to 9 p.m. tomorrow at the William Slater II Funeral Service, 1650 Greentree Road, Scott, and from 9:30 to 11 a.m. Tuesday at Heinz Chapel on the University of Pittsburgh campus in Oakland. A service will follow at the chapel. Burial will be private.

Sadie Gurman can be reached at sgurman@post-gazette.com or 412-263-1878.
First published on May 3, 2009 at 12:00 am