Voters were asked to fill a single vacancy on the Supreme Court of Pennsylvania. The vacant seat had been occupied by Justice Jane Cutler Greenspan, a Democrat who was appointed by Governor Ed Rendell, due to the retirement of Chief Justice Ralph Cappy.[3] Justice Greenspan had agreed as a condition of her interim appointment in 2008 not to seek a full term on the court. Vying for the seat in the general election were RepublicanJoan Orie Melvin of Allegheny County and DemocratJack A. Panella of Northampton County, both of whom were then serving on the Superior Court of Pennsylvania.[4] Orie Melvin won the seat with 53 percent of the vote, restoring the 4–3 Republican majority that had existed on the court prior to the 2007 state election.[5] Panella raised $2.4 million for the campaign, compared to $734,000 for Orie Melvin.[6] Low voter turnout, especially in Panella's native Philadelphia, played a key role in Orie Melvin's victory.[6]
Four seats on the Superior Court were up for grabs. On the ballot in the general election were four Republicans, four Democrats, and one Libertarian. Originally only three seats were up for election, but Judge Maureen Lally-Green announced her retirement after the May primary election. As a result, both parties picked an additional fourth nominee at a party convention. The Pennsylvania Republican Party picked Paula Ott,[12] President Judge of the Chester County Court of Common Pleas, while the Pennsylvania Democratic Party picked Teresa Sarmina,[13] Judge of the Philadelphia County Court of Common Pleas, as their nominees.
The original three vacant seats on the Superior Court was caused by the election of then-Judges Debra Todd and Seamus McCaffery, both Democrats, to the Pennsylvania Supreme Court in 2007. Governor Ed Rendell appointed Republican John Cleland and Democrat Robert Freedberg as interim appointments to replace Justice Todd and Justice McCaffery respectively.[14] Neither interim-appointed Judge ran for a full term. The third vacancy was caused by the mandatory retirement of Judge Richard Klein after reaching the age of 70.
Republican candidate Judy Olson won the most votes, followed by fellow Republicans Sallie Mundy and Paula Ott. There was a four-way near tie for fourth place, with Democrat Anne E. Lazarus in the lead (with 11.5% of the vote) but closely trailed by Democrat Robert J. Colville (11.4%), Republican Temp Smith (11.4%), and Democrat Kevin Francis McCarthy (11.3%). The close results triggered an optional automatic recount. While candidates Colville and McCarthy opted out of the recount, Smith declined to do so, prompting Secretary of State Pedro Cortés to order a recount to begin on November 18—the first automatic statewide recount in Pennsylvania history.[15] On December 1, the Pennsylvania Department of State announced that the recount had been completed, with the results essentially unchanged; Lazarus won the fourth seat.[16] The cost of the recount was $542,000.[17]
There were two open seats on the Commonwealth Court of Pennsylvania. Judge James Gardner Colins resigned in January 2008,[19] while Judge Shelly Friedman reached the mandatory retirement age on December 31, 2008. Both Colins and Friedman were initially elected as Democrats.[20][21] Governor Ed Rendell nominated Johnny G. Butler, a Republican, to fill the vacant seat of Judge James Gardner Colins.[14] Judge Butler did not run for a full term.
The Candidates in the general election were selected in the Pennsylvania Municipal Primary Election which was held May 19, 2009. The two leading Republican candidates in the Primary were Patricia A. McCullough (36.2%) and Kevin Brobson (35.9%), followed by Al Frioni (27.9%). The two leading Democratic candidates were Barbara Behrend Ernsberger (22.0%) and Linda Judson (21.1%) followed by Jimmy Lynn (15.3%) Michael Sherman (14.9%) Stephen Pollok (13.5%) and Daniel Brickmont (13.3%).[22] The General Election was held on Tuesday November 3, 2009.
Stephen Pollock, member of the Pennsylvania State Planning Board, former co-chair of the Philadelphia Bar Association's Committee on Zoning, Land Use and Code Enforcement[29]
Michael Sherman, managing partner, Fried, Kane, Walters, Zuschlag & Grochmal (Pittsburgh-based law firm)[30]
