This year - for the first time in 40 years - voters will elect two judges to the Northumberland County Court of Common Pleas. These two judges - almost assuredly - will then constitute two-thirds of what would still be a three-member court in January 2016.
The use of the qualifier "almost assuredly" stems from uncertainty about what would happen if sometime this year the General Assembly passes and the voters of Pennsylvania ratify a change in the state Constitution to increase the mandatory retirement age of judges from 70 to 75 years. President Judge William H. Wiest turns 70 in July and, according to current state law, is required to retire from the bench at the end of the year, even though his 10-year term does not expire until the end of 2017.
Two judgeship vacancies in Northumberland County have been certified by the Pennsylvania Department of State for inclusion on the May 19 primary election ballot, state Sen. John Gordner confirmed Friday afternoon.
In addition to the Wiest position, the other judgeship on the ballot is for the seat now held by Tony Rosini, who was appointed last year. Rosini is serving the remainder of the term of former President Judge Robert B. Sacavage, who retired at the end of 2013. That term expires at the end of 2015, and at the time of his appointment, Rosini said he would not be a candidate for election.
Won't be on primary ballot
Changes in the Pennsylvania Constitution require approval by two consecutive sessions of the General Assembly, followed by ratification by the state's voters.
The first legislative approval came during the 2013-14 session, Gordner explained, and the House of Representatives and Senate would both have to pass the amendment a second time, in the exact same language, during the 2015-16 session before it can be referred to the electorate. The governor has no role in approving or rejecting the amendment.
The amendment will definitely not pass the legislature in time for the referendum to appear on the May 19 primary election ballot, Gordner said. A period of at least 90 days is required between final legislative action and a voter referendum, and Gordner pointed out that would mean the legislature would have to complete its work on the amendment by mid-February. "That isn't going to happen," he said.
It's much more likely, Gordner suggested, though not certain, that the House and Senate could complete passage of the amendment before it recesses in July, which would open the door for placing the referendum on the Nov. 3 general election ballot. If the legislature waited to pass the amendment when it reconvenes in September, that would be too late for scheduling the referendum in November.
So, regardless of what happens, or doesn't happen, with the amendment, there will definitely be candidates nominated in May and two judges elected in November.
10 to 20 70-year-olds
Hypothetically - what would happen if the amendment passes in November and a 70-year-old judge, with time remaining in the current term, decides he or she wants to stay on the bench? It's "unclear," Gordner said.
Northumberland County is far from being the only county in the state that has a sitting judge who faces mandatory retirement. Gordner said information received from the Department of State and the Administrative Office of Pennsylvania Courts (AOPC) indicates there are between 10 and 20 judges throughout the commonwealth who are turning 70 this year.
Wiest said he is looking forward to retirement, but he admits that if he was constitutionally able to do so, he would prefer to work two more years - up to the expiration of his current term at the end of 2017. Wiest was first elected in 1997 and won a retention election in 2007.
The current term of the third county judge, Charles Saylor, doesn't expire until the end of 2021.
So far, there are three announced candidates for Northumberland County judge - Hugh A. Jones, H. Robert Mattis Jr. and Paige Rosini. Candidates for judge can cross-file in both the Democratic and Republican primaries. Petitions can't be circulated until Feb. 17 and must be filed by March 10.
1975 race
The 1975 judgeship race ended with the election of Samuel C. Ranck and Peter Krehel. At that time, Northumberland County had only two common pleas court judges. That was the last time Northumberland County voters "elected" two judges at the same time.
In 1985, Ranck won, and Krehel lost, their respective bids for retention. After that, the beginning and end of judicial terms no longer coincided. In subsequent judge elections, county voters elected Barry Feudale in 1987, Sacavage in 1995. Wiest in 1997 and Saylor in 2001, and retained Sacavage in 2005, Wiest in 2007 and Saylor in 2011.