McCaffery to run for open seat on Pennsylvania Supreme Court
HARRISBURG — A Pennsylvania appellate court judge, Daniel McCaffery, will run for an open seat on the state Supreme Court in next November’s election, a campaign aide said Friday.
The period for filing paperwork hasn’t opened yet, but Judge McCaffery, a Democrat from Philadelphia, appears to be the first candidate to announce he’s running in next fall’s election for a 10-year term on the state’s highest court.
Judge McCaffrey, 58, was endorsed by the state Democratic Party when he was elected to a 10-year term on the state Superior Court in 2019. The court handles appeals from county courts in criminal and civil cases.
A former assistant district attorney in Philadelphia, he ran for district attorney in 2009 and lost in the primary. He also ended a brief candidacy for state attorney general in 2012 before winning a race for a Common Pleas Court judge position in Philadelphia.
He is the brother of former state Supreme Court Justice Seamus McCaffery, who retired from the court in 2014 after being suspended by his colleagues over allegations of misconduct in office, including swapping pornographic emails with employees of the attorney general’s office.
The seven-seat high court currently has a majority of four justices elected as Democrats. The two other justices were elected as Republicans. The seat is open following the death this fall of Max Baer, who was chief justice. Baer, 74, died months before he was to reach the mandatory retirement age of 75.
Also on Friday, a Westmoreland County judge put his name in for a seat on the Commonwealth Court of Pennsylvania.
Common Pleas Judge Harry Smail Jr. announced his candidacy, stating: “With the support of my family and the encouragement of many leaders within our party, I am proud to step forward to serve Pennsylvania as a Judge of the Commonwealth Court.”
Judge Smail was appointed by Gov. Tom Corbett to fill a vacancy on the bench in the county Court of Common Pleas in 2014, and was unanimously confirmed by the state Senate. He was elected to a 10-year full term in November 2015 on both the Democratic and Republican ticket.
The nine-member Commonwealth Court currently has one vacancy. The makeup of the court is five Republican and three Democratic judges. The vacancy was created when Judge P. Kevin Brobson was elevated to the state Supreme Court in January.
The Commonwealth Court is one of two intermediate appellate courts in Pennsylvania. It is responsible for matters involving state and local governments and regulatory agencies. It handles election litigation and is the trial court when lawsuits are filed by or against the Commonwealth.