Lawyers Say Suit Over Canceled MDJ Election Has Merit
In the May 31st 2011 Pennsylvania Law Weekly, Kevin Greenberg comments on Godwin v. Castille, in which five Dauphin County magisterial district judge candidates are suing the Pennsylvania State Supreme Court over an “eleventh-hour cancellation” of a district judge election. The election was canceled because the Supreme Court announced it was eliminating the district, following the retirement of the sitting majesterial district judge, because of budget constraints. By eliminating the district, lawyers for the candidates claim that the court has also eliminated the voting rights of a large segment of the African-American voting population, significantly diluting the African-American vote.
According to Kevin Greenberg, the court’s action may constitute “cracking,” that is, breaking up a minority majority district and redistributing voters in a way that fails to keep the minority voting bloc intact, admittedly, unintentionally. “Whether there is a long-term issue with cracking will depend on what the new magisterial districts look like,” he said. “Crafting a remedy is often the hardest part of addressing accidental VRA violations,” he added.
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