Panella was beaten in the 2009 election by a judge who was convicted Thursday on corruption charges related to that race.
Superior Court Judge Jack Panella perhaps had the most to lose when then-court colleague Joan Orie Melvin broke the law running against the Palmer Township jurist for a seat on the Pennsylvania Supreme Court.
Melvin won the 2009 race by more than 6 percent of the vote. She and her sister were convicted Thursday of corruption charges related to that campaign.
But it is unlikely, if Melvin resigns or is impeached, that Panella, a Democrat, will be named to the state Supreme Court, state Rep. Bob Freeman, D-Northampton, said today.
The state constitution says the governor gets to appoint the justice and two-thirds of the state Senate must approve the selection. Since Tom Corbett is a Republican -- and a rather strident one at that, Freeman pointed out -- and the GOP still holds a thin majority in the Senate, the nominee is likely to be a Republican with close ties to the executive, Freeman said.
The new justice would serve until "the first Monday following the next municipal election more than 10 months after the vacancy occurs," according to the constitution. A special election of a judge must occur in an odd year, so the election could be in 2015 if Melvin were to step aside soon, Freeman figured.
Panella knows two things at the moment: "I find being on the Superior Court extremely rewarding," he said during a short phone interview. "I have no intention of running for Supreme Court again at this time."
Panella, who is finishing his first 10-year term on the Superior Court, will stand for retention in the November election, he said, adding that the paperwork was filed some time ago. "Both from a professional and personal" perspective, the former Northampton County judge said he's found his time on the appellate court "very satisfying."
Panella said he couldn't comment about Melvin or her status on the court, being careful not to even "indirectly" speak about it.
Panella blocked by politics
Freeman wondered if Lehigh Valley legislators should get together to at least put Panella's name before the governor.
"I'd love to see Jack sit on the" state Supreme Court, Freeman said. "He's eminently qualified and would be a great judge on the court."
G. Terry Madonna, director of the Center for Politics and Public Affairs at Franklin and Marshall College, said a deal would have to be made for Corbett to get an appointee through the Senate, needing seven Democrats for passage.
But it won't be adding a fourth Democrat to the seven-member Supreme Court, he said. It's more likely that Democrats would vote for Corbett's choice in order to get support from the GOP for a Democratic judicial nominee for a different court, he said.
"Given the polarization," Madonna said, pointing to recent partisan battles over the state lottery management and privatization of state liquor stores, among other issues, "there's no love lost there. He can't disappoint his party and nominate a Democrat" to the Supreme Court.
Impeachment process set to begin
State Rep. Brandon Neuman, D-Washington County, told the Associated Press he's prepared to file a petition to start the impeachment process in the state House if Melvin doesn't resign immediately.
The justice, who is currently suspended, was convicted Thursday of six of seven corruption charges related to using her former Superior Court staff, and the Senate staff of her sister, former state Sen. Jane Orie, to work on her 2003 and 2009 campaigns for the Supreme Court.
Much like at the federal level, the state House would vote to impeach. If it passed, it would be followed by a trial in the state Senate.
"My assumption is she'll resign," Freeman said. If not, "I believe (the conviction) would be grounds to begin impeachment."
But Freeman said Melvin could appeal her conviction, and the House, still controlled by Republicans, could hold up impeachment proceedings pending further court action.
"So the dance begins," Freeman said wryly.