Welcome:
Calling all Committee Members
There will be 2 opportunities coming up to meet and talk to Senator Arlen Specter and Congressman Joe Sestak. All committee members are invited to each session. The purpose of the sessions is both men wish to meet the members of our committee and tell you why they should be the Democratic candidate for United States Senate. This is a very important opportunity for each of us to have face time with these 2 men and to ask any questions you might have of them. Please do what you can to attend BOTH meetings. This may be your best opportunity to "size them up" and decide who it is you will want to support in the May 2010 primary.
It is a great honor to see that these candidates are taking the time to come to Adams County to meet with us and we should honor them back by showing up giving them the courtesy of listening to what they have to say. I hope you will all make every effort to attend.
Meet Senator Arlen Specter
Wednesday, July 1
Noon- 1:15 PM
Gettysburg College
College Union Building, room 260
Meet Representative Joe Sestak
Monday, July 6
3:30 PM
The Ragged Edge Coffee Shop
110 Chambersburg Street
Gettysburg
--
Roger Lund, chair
Adams County Democratic Committee
717-624-4860
Welcome Senator Specter!
In what can only be described as a stunning development, Sen. Arlen Specter changed his political affiliation to Democrat after 40 years of being a Republican. Specter joins 200,000 Pennsylvania Republicans who became Democrats last year alone.
This is a victory for the American people as the Senate is now only 1 vote away from being filibuster proof and the Obama agenda that overwhelming numbers of Americans support can now be passed. The final, “60th” vote, will happen once Al Franken is certified as the winner of the Minnesota race. That certification is expected in June. Over 66% of Minnesota voters want the Republican challenger to concede.
I have spoken with a member of Sen. Specter’s staff and have set up a meeting for Friday, May 1 to see how we can work together. I am confident that our new Democratic Senator will be a friend to the Adams County Democratic Committee and I hope you will all join me in our congratulations to Senator Specter. Please feel free to call his office (717 782-3951) and make him feel welcome to the party which truly does have a “big tent.”
Roger Lund
Chair, Adams County Democratic Committee
110 Lincoln Way West
New Oxford, PA 17350-1314
717-624-4860
717-624-4490 fax
Letter from the Chair
Many people ask, “why do the judicial races that are coming up on May 19 matter to me?” Well, as Democrats, it should be very important.
Judges often rule on cases that are of serious concern to all of us. From labor issues to the environment, From family issues to substance abuse. From reapportionment to who will be the next president of the United States (remember Florida, 2000 anyone?) Judges often are forced to deal with issues that politicians fear to tackle.
Please take a moment to read this terrific outline of the 4 judicial races up this May compiled and written by our Political Action chair Tim Diehl, then visit the “Candidates” links to the right of this page to learn about all the Democratic candidates for these positions. -Roger Lund, chair
COMMON PLEAS COURTS- The Courts of Common Pleas are the trial courts of Pennsylvania, usually there is one Common Pleas Court per county. Adams has its own Common Pleas Court. Major civil and criminal cases are heard in these courts. Judges also decide cases involving adoption, divorce, child custody, abuse, juvenile delinquency, estates, guardianships, charitable organizations and many other matters. Common Pleas courts are Pennsylvania’s courts of general trial jurisdiction. They have original jurisdiction over all cases not exclusively assigned to another court and appellate jurisdiction over judgments from the minor courts. They also hear appeals from certain state and most local government agencies.
Democratic Judges typically tend to think outside the "lock'em up and throw away the key" mentality. They realize that treating the disease rather than the symptom is the best way to reduce repeat offender cases. A significant number of local crimes, especially robbery, spousal/child abuse and assaults, not to mention DUIs, are committed by people who have some form of substance abuse problem. Treatment is cheaper than jail and it attempts to solve the underlying cause of the offense.
SUPERIOR COURT The Superior Court’s main function is as an appeals court and its original jurisdiction is limited. As an appeals court, the Superior Court’s jurisdiction is less specialized than the Commonwealth’s; therefore, it hears a wide variety of petitions, both criminal and civil, from Common Pleas courts. Such petitions include all manner of cases from child custody to armed robbery to breach of contract.
In other words if you don't like the decision that was handed down by a Common Pleas judge your first appeal to have it overturned is here. For this reason it’s very important to have Democratic judges.
COMMONWEALTH COURT- The Commonwealth Court was created as a court to hear cases brought against and by the Commonwealth. It has both original and appellate jurisdiction. It can decide on civil actions brought against the Commonwealth government or an officer of the government, usually seeking equitable relief or declaratory judgment and not damages - and civil actions brought by the Commonwealth government (some of these could also be brought in the Courts of Common Pleas) and issues under the Election Code involving statewide offices.
Election Code Issues could involve cases of voter suppression tactics or voter fraud.
Its appellate jurisdiction includes: appeals relating to decisions made by most state administrative agencies, appeals from the Courts of Common Pleas involving Eminent Domain proceedings (i.e. LAND USE ) and most local government matters other than contract issues, including actions for damages
Democratic Judges on this court are very important as they tend to be more sympathetic to people seeking favorable judgments on unemployment issues, (i.e. UNEMPLOYMENT COMPENSATION CASES where the former employer is trying to deny benefits) claims against heath care providers or insurers and Eminent Domain issues (i.e. whether or not the state can take land for bypasses etc.) Also any election/voter issues are decided here. Who do YOU want deciding voter suppression cases???
THE PA SUPREME COURT The Court’s original jurisdiction is non-exclusive and includes cases:
- of habeas corpus, cases involving detention of a party and determination of whether that party has been denied liberty without due process-
- of quo warranto, lawsuits challenging the right of an individual to hold a public office, alleging that the individual is holding the office illegally.
Appeals from final orders of Common Pleas courts include:
- cases involving matters prescribed by general rule
- the right to public office
- matters where the qualifications, tenure or right to serve or the manner of service of any member of the judiciary is in question
- review of death sentences
matters where the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is in question
- statutes and rules held unconstitutional by the Courts of Common Pleas
- matters where the right to practice law is involved.
- Legislative Reapportionment Commission - redistricting based on the census- how the state legislature and congressional districts are drawn.
The Court also has exclusive jurisdiction of appeals from Common Pleas courts involving the death penalty. Such cases are automatically appealed to the Supreme Court.
Finally, the Court possesses extraordinary jurisdiction to assume jurisdiction of any case pending before a lower court involving an issue of immediate public importance. This it can do on its own or upon petition from any party and is commonly known as king’s bench power.
Look at the highlighted sections of the jurisdictions of the Supreme Court and ask yourself who you would rather have deciding these cases- A Republican or Democrat. Habeas Corpus is the central issue surrounding Guantanamo. Many Republicans seem to think its ok to hold certain people without due process.
In 2010 we will have the census. This will decide if and how congressional districts are rearranged in PA. The PA Supreme Court will make the final determination on how these districts will be redrawn.
And last but not least the death penalty. The Supreme Court reviews all death penalty cases. Again ask yourself who want deciding them.
Finally, it should be said that regardless of party affiliation all judges are bound by the canons and ethics of the legal profession and by established law. In many cases their hands are tied by this. State courts can rarely, if ever, overturn Federal law.--
Roger Lund
Chair, Adams County Democratic Committee
110 Lincoln Way West
New Oxford, PA 17350-1314
717-624-4860
717-624-4490 fax
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