Confusion in Montco as judicial seat to be left vacant

Montgomery County legal and political leaders were sent scrambling last week when the State Department determined that a retirement on the Court of Common Pleas would not leave that seat up for election in November.

Judge Stanley Ott said he had tried to cover all the bases to make sure his seat wouldn't be left empty when he retires at the end of 2015. He tendered his resignation to Gov. Tom Corbett more than a year in advance. He notified court administrators and gave both political parties a heads-up.

"I figured I had done everything I needed to do," Ott said Friday. "It was a shock to everybody."

After a closer reading of state law, officials determined that because Ott was leaving voluntarily - as opposed to being termed out or aged out - his seat cannot go on the ballot until it has been physically vacant for at least 10 months.

Ott, 65, was elected in 1997 and had been a longtime fixture in Montgomery County's Orphans Court. He said he was not ill but wanted to retire early for personal reasons.

For a Common Pleas judge to retire voluntarily is apparently so rare that no one in Harrisburg or Montgomery County knew such a seat would be treated differently from a judge being forced out by age or an expiring term.

With the resignation already recorded, Ott said he had no choice but to leave next January. Gov. Wolf could appoint a replacement, subject to Senate confirmation, or an election could be held for 2017.

A State Department spokeswoman said Ott had made it clear that his intention was to have the seat filled before he retired, and the confusion "may be attributable" to a letter from Corbett's deputy chief of staff informing Ott that the vacancy would be recorded effective Jan. 3, 2015.

Jonathan Marks, commissioner of the state's Bureau of Commissions, Elections and Legislation, said Supreme Court precedent "clearly states that the vacancy must occur not less than 10 months prior to the next municipal election."

"I just feel terrible about this because not only am I creating a vacancy that can't be filled and more work for the rest of the bench," Ott said, "but also two candidates . . . who were slated to run are going to be disappointed."

Leaders of both political parties had already recommended four candidates to run for the bench - one for Ott's seat and three for other judges who will have reached the mandatory retirement age.

At the Democratic Committee's endorsement meeting Thursday night, judicial candidate Wendy Rothstein said she would step aside "in the best interest of everyone, including the party." She would instead run in 2017, the party said in a statement.

The Republican Committee's endorsement meeting is scheduled for Wednesday. It was unclear Friday whether the party's executive board would narrow down their recommendation list before that meeting.

The three other vacancies come from Judge Emanuel A. Bertin, who reached the mandatory retirement age of 70 in November and has already left the bench, and Judges Bernard A. Moore and Joseph A. Smyth, both of whom will turn 70 this year.