Local News

Kagarise seeking Superior Court post

Judge has served in private law firm, Blair DA’s office

Editor’s note: Story was updated Nov,. 22 to correct Lillian H. Ransom’s name.

 

 

Blair County Judge Wade A. Kagarise has announced that he will run for a seat on the Pennsylvania Superior Court next year, a  move which he characterizes  as a "daunting and intimidating process" but also something he believes is appropriate because of the large  number of open seats to be filled on the appellate courts.

The Pennsylvania Department of  State website says that nine of the state's 31 appellate court positions will be on the 2017 ballot, either for retention or election to 10-year terms.

Four of those seats will be on the 15-member Superior Court with Jacqueline Shogun facing retention for a 10-year term, while Lillian H. Ransom, H. Geoffrey Moulton Jr. and Carl Solano, appointed in 2016, are running for full 10-year terms.

In addition, the voters will select three judges for the Supreme Court and two for the Commonwealth Court.

Kagarise, who is completing his third year as a Blair County Common Pleas Court judge, said that while voters often don't pay much attention to judicial races, the 2017 election is very important when it comes to the state appellate courts, and he is running because he believes that rural Pennsylvania should have a voice on those courts.

Most statewide judgeships are filled by judges or attorneys from Philadelphia, Allegheny or Dauphin counties, he explained.

Kagarise said that "overall, 2017 will see an unusually high number of vacancies in the commonwealth's three appellate courts -- a rare occurrence causing a generational, cultural and geographical shift."

He continued, saying "the big question posed in next year's Superior Court decision is whether rural, conservative values will be represented on the (Superior) Court, or whether a new era of progressive ideologues will join the bench.

"The answer will determine the directions of our courts for years to come and offer an important opportunity to make a lasting change."

Kagarise characterized himself as a "constitutionalist" or "originalist." That means, he said, the judge looks at the Constitution and the law in an effort to determine the intent of the Legislature through  the wording of a particular act.

He believes a judge should not attempt to use his powers to broaden a law in an effort or to inject his own opinions in deciding the outcome of a case.

"It's not your job to be a politician," he said.

His emphasis is to show respect to the co-equal branches of government.

The Superior  and  the Commonwealth courts hear appeals from county courts.

Commonwealth Court focuses on legal questions involving government agencies while 60 percent of  the Superior Court cases involve appeals of criminal, family law and other cases that make up the bulk of the work at the county level.

Appeals from their decisions are heard by the Supreme Court.

Facing a challenge

Kagarise said he expects to be very busy.

He will continue as a common pleas judge, limiting his campaigning to weekends and evenings.

"It makes a busy year for me. … It's just going to be a lot of work," he said.

Running a statewide campaign means putting together a team to help him carry on his campaign and will require trips to every part of Pennsylvania.

Kagarise said his proposed run for office has been a thoughtful decision.

He spent months studying the Superior Court and its judges, and he believes his qualifications and experience make him a good candidate.

Kagarise served in the Army, was a prosecutor for more than 15 years and operated a general law practice that exposed him to a variety of  cases including family and business law.

His three years on the bench, he said,  give him experience as a judge, and, he said, more than half the members of the present Superior Court had no judicial experience when they took office.

Kagarise also teaches law courses at Saint Francis University.

He  has also served on the Republican State Committee for more than  six years.

This is why his first step following his formal announcement will be to send letters to the 300-plus State Republican Comm­ittee people announcing his candidacy.

The state committee is an important player when it comes to the statewide judicial races.

Blair County has five representatives on the state committee, including Blair County Republican Party Chairwoman Lois Kaneshiki, First Assistant District Attorney Jackie Bernard, state Rep. Judy Ward, R-Hollidaysburg, Commissioner Bruce Erb and Sheriff  Mitchell Cooper.

Kaneshiki said that in January the state committee will likely interview those candidates for the appellate judge positions.

It is possible the committee will endorse judges for the positions.

This is a bone of contention on the committee. Kaneshiki believes the committee should not endorse candidates but permit an open Republican primary,  giving more power to the voter to vet the judges.

Ward can see both sides of that issue.

She said the judgeship candidates will appear before caucuses from their respective parts of the state.

Kagarise, for instance, will appear before the central state caucus to talk about his candidacy.

She understands the reasoning behind the open primary argument but also sees the other side, pointing out the endorsement process can give voters some guidance as to who might be the best candidates.

Regardless, Kaneshiki and Ward give Kagarise high marks as he prepares for his run.

Kaneshiki said she sat in on one of  Kagarise's cases and found him to be fair and attentive to the facts of the case.

"I'm sure Wade would do well (on the Superior Court). … I wish him well," Kaneshiki said.

His experience, she said, places him in the same ballpark as those already serving on the appellate court.

"I think he is an excellent candidate because of his military, prosecutorial and private practice (experience)," Ward said.

He has the advantage of  knowing how the state committee works," Ward said.

A Blair County story

Kagarise pointed out last week the issues facing the courts have changed dramatically in the last 20 years.

"Blair County," he said, "is one of 67 counties confronting new and emerging public safety challenges. From public corruption and senseless violence to the entrenched threat of a statewide drug epidemic, our safety has never been more fragile and at risk.

"Growing up in Roaring Spring and Frankstown, we enjoyed unusual freedom from fear. But today, distance from major cities and airports is no longer an automatic guarantee of continued security.

"County law enforcement professionals and courts need new tools and strong partners at the state and national levels."

He said there is a need for judges who respect the legislative and executive branches of government when interpreting the law, and he decided to run for the Superior Court because "the right thing for me to do is to stand up and do this."

"In life, we don't always pick the time to make decisions," Kagarise said.

In running for the Superior Court, Kagarise is in a sense making history.

The only other candidate for Superior Court from Blair County was Hollidaysburg native Thomas J. Baldridge, who won the election and took office Jan. 28, 1929. He served 20 years on the appellate court.

A former Blair County district attorney and  judge,  Marion D. Patterson, served on the state Supreme Court. He was sworn in Jan. 2, 1940.

While it's been many decades since a local attorney or judge has run for statewide office, Kagarise noted that several judges on the present  Blair County bench have been active statewide.

Judge Daniel J. Milliron is a member of the Pennsylvania Sentencing Commission while President Judge Elizabeth Doyle serves on the Pennsylvania Commission on Crime and Delinquency.

Judge Jolene G. Kopriva has been active statewide in implementing programs for children, receiving high praise from Supreme Court Justice Max Baer for her efforts.

Kagarise has been chairing a committee to provide the justice system with more tools to  address mental health concerns.

"We live in an area that has a lot of goodness in it," he said of his colleagues and other local leaders.

As for his decision to run for statewide office, he concluded, "I have not been one to sit on the sidelines when I felt there was something to be done."

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Wade A. Kagarise

Age: 43

Job: Blair County Common Pleas judge

Running for: Pennsylvania Superior Court

Education: Criminal justice major, Indiana University of Pennsylvania; Widener Law School, Harrisburg campus

Experience: Blair County assistant district attorney for 15 years; private law practice; and judge for three years

Quote: "I felt I had support to run for statewide office," said Kagarise after talking to Republicans throughout the state.