logo
Weather page
GET THE APP
ePaper
google_play
app_store
  • Login
  • E-Edition
    • Marketplace
  • News
  • Sports
  • Obituaries
  • Opinion
  • Classifieds
    • Place an Ad
    • All Listings
    • Jobs
  • Special Sections
  • Photo Gallery
  • Contests
  • Lifestyle/Entertainment
  • Games
    • News
      • Local News
      • PA State News
      • Nation/World
    • Sports
      • Local
      • College Sports
      • State
      • National
    • Obituaries
    • Opinion
      • News
        • Local News
        • PA State News
        • Nation/World
      • Sports
        • Local
        • College Sports
        • State
        • National
      • Obituaries
      • Opinion
    logo
    • Classifieds
      • Place an Ad
      • All Listings
      • Jobs
    • E-Edition
      • Marketplace
    • Subscribe
    • Login
      • Classifieds
        • Place an Ad
        • All Listings
        • Jobs
      • E-Edition
        • Marketplace
      • Subscribe
      • Login
    Home Opinion Battle over Kane’s hold on office plowing up legal questions
    Battle over Kane’s hold on office plowing up legal questions
    Opinion, Сolumns
    September 7, 2015

    Battle over Kane’s hold on office plowing up legal questions

    By MARC LEVY Associated Press

    HARRISBURG (AP) — The accelerating effort to dislodge Attorney General Kathleen Kane from office and her heels-dug-in determination to keep her hold on it are drawing in every branch of Pennsylvania government and could plow new legal ground.

    Already facing criminal charges, Kane is making her case to Pennsylvania’s highest court about why she should keep her law license.

    Meanwhile, Senate lawyers are searching for precedent under a little-known state constitutional provision that allows two-thirds of the chamber’s members and the governor to remove certain elected officials.

    The most immediate threat to Kane’s hold on office is the potential that the Supreme Court suspends her law license, a decision that could come within days.

    “For most people it may just be a soap opera, but for the legal community, there are issues of prime public importance that are greater than the soap opera,” said James Swetz, a Stroudsburg lawyer and past president of the Pennsylvania Association of Criminal Defense Lawyers. “So we’re waiting to see what the Supreme Court will do.”

    The only other Pennsylvania attorney general known to face charges, Ernie Preate Jr., resigned in 1995 as part of a plea agreement. The case involved his failure to report campaign contributions from video poker operators.

    Political discontent with Kane snowballed after she was charged criminally on Aug. 6, capping a tumultuous, 18-month stretch for the former Lackawanna County prosecutor. Montgomery County authorities accused her of leaking secret grand jury information to a newspaper to embarrass a rival former state prosecutor and then lying about her actions.

    Numerous public officials, including fellow Democrats Gov. Tom Wolf and Auditor General Eugene DePasquale, have called on Kane to resign.

    Kane, whose term is up in 2017, has refused and maintained that she did nothing wrong.

    More established processes that could lead to her removal could take over a year. Those include impeachment in the Legislature, the normal disciplinary process for lawyers and her criminal case in the courts.

    A quicker route is removal by the Senate and governor. Asked about the potential that the Senate will invoke that provision, Senate President Pro Tempore Joe Scarnati, R-Jefferson, said lawyers are researching the chamber’s options, but no decisions have been made.

    “We explore options when we see a train headed our way, and this train could be headed our way,” Scarnati said.

    The state Supreme Court might act first.

    On Friday, Kane filed a 107-page argument to the high court, in response to state ethics lawyers who are using an emergency process to seek the suspension of her license.

    In her filing, Kane contended that suspending her law license while she is contesting allegations in the criminal case against her would violate her constitutional rights to due process and circumvent constitutional provisions for removing her from office.

    Kane’s lawyers also rejected the allegations against her in the criminal case as untrue and said there was no proof that her continued practice of law will cause harm.

    State ethics lawyers can request 10 days to respond. Then the five Supreme Court justices could vote in secret.

    Opinions in the legal community appear split over whether the justices should suspend Kane’s license, and whether doing so would create a new precedent about the kind of conduct that could lead to license suspensions.

    What does appear to be unprecedented is the question of what would happen if a sitting attorney general’s law license is suspended.

    The state constitution requires the attorney general to be a licensed lawyer. But court officials say suspending Kane’s law license would not remove her from office, theoretically leaving her with powers that do not involve acting as a lawyer.

    That, in turn, could spur the Senate and Wolf to remove her.

    Even though the five justices — three Republicans and two Democrats — sent Kane the notice, they may not necessarily vote to suspend her license.

    In procedural battles over the investigation lost by Kane, three justices — Republican Correale Stevens and Democrats Max Baer and Debra Todd — either sided with Kane or expressed deep misgivings about the process.

    In a March 31 concurring opinion, Stevens agreed with the majority that a grand jury judge had the authority last year to secretly appoint a special prosecutor to investigate the initial leak complaint, but he also worried about vagueness, due process and secrecy.

    “Simply put,” Stevens wrote, “transparency promotes accountability.”

    Marc Levy covers politics and government for The Associated Press in Pennsylvania. He can be reached at mlevy(at)ap.org. Follow him on Twitter at www.twitter.com/timelywriter.

    Tags:

    columns opinion

    The Bradford Era

    Local & Social
    ePaper
    google_play
    app_store
    Latest news for you
    Kane food pantry distribution July 25
    Local News
    Kane food pantry distribution July 25
    July 14, 2025
    KANE — The Kane Area Food Pantry February distribution will be held noon until 3 p.m. July 25 at St. Callistus Roman Catholic Church. Representatives ...
    Read More...
    Johnson celebrates 90 years
    Lifestyles, Local News
    Johnson celebrates 90 years
    July 14, 2025
    An open house was held Sunday afternoon at Turtlepoint Park to celebrate Wilda Johnson’s 90th birthday. Wilda was born in Olean, N.Y., on July 13, 193...
    Read More...
    {"to-print":"To print", "bradfordera-website":"Website"}
    Outage disrupts power to thousands
    Local News
    Outage disrupts power to thousands
    Sara Furlong 
    July 14, 2025
    Several thousand Penelec customers in the Bradford area lost power around 9 o’clock Monday morning, but were quickly restored to service. According to...
    Read More...
    Hands-on traditions live on
    Local News
    Hands-on traditions live on
    July 14, 2025
    A cider-maker cranks a vintage apple press during Derrick Day held Saturday, drawing visitors with the promise of freshly pressed pure apple cider. Th...
    Read More...
    {"to-print":"To print", "bradfordera-website":"Website"}
    Hanley Library to host screening of John Lewis documentary
    Local News
    Hanley Library to host screening of John Lewis documentary
    July 14, 2025
    In recognition of the fifth anniversary of the death of civil rights leader and longtime member of congress John Lewis, Hanley Library at the Universi...
    Read More...
    {"to-print":"To print", "bradfordera-website":"Website"}
    Senate urged to move on medical debt bill
    Local News, PA State News
    Senate urged to move on medical debt bill
    By CHRISTINA LENGYEL The Center Square 
    July 14, 2025
    HARRISBURG — As the state still struggles to find purchase with its own budget, some legislators are urging action to protect residents of the commonw...
    Read More...
    {"to-print":"To print", "bradfordera-website":"Website"}
    This Week's Ads
    Current e-Edition
    ePaper
    google_play
    app_store
    Already a subscriber? Click the image to view the latest e-edition.
    Don't have a subscription? Click here to see our subscription options.
    Mobile App

    Download Now

    The Bradford Era mobile app brings you the latest local breaking news, updates, and more. Read the Bradford Era on your mobile device just as it appears in print.

    ePaper
    google_play
    app_store

    Help Our Community

    Please help local businesses by taking an online survey to help us navigate through these unprecedented times. None of the responses will be shared or used for any other purpose except to better serve our community. The survey is at: www.pulsepoll.com $1,000 is being awarded. Everyone completing the survey will be able to enter a contest to Win as our way of saying, "Thank You" for your time. Thank You!

    Get in touch with The Bradford Era
    Submit Content
    • Submit News
    • Letter to the Editor
    • Place Wedding Announcement
      • Submit News
      • Letter to the Editor
      • Place Wedding Announcement
    Advertise
    • Place Birth Announcement
    • Place Anniversary Announcement
    • Place Obituary Call (814) 368-3173
      • Place Birth Announcement
      • Place Anniversary Announcement
      • Place Obituary Call (814) 368-3173
    Subscribe
    • Start a Subscription
    • e-Edition
    • Contact Us
      • Start a Subscription
      • e-Edition
      • Contact Us
    CMG | Community Media Group
    Illinois
    • Hancock Journal-Pilot
    • Iroquois Times-Republic
    • Journal-Republican
    • The News-Gazette
      • Hancock Journal-Pilot
      • Iroquois Times-Republic
      • Journal-Republican
      • The News-Gazette
    Indiana
    • Fountain Co. Neighbor
    • Herald Journal
    • KV Post News
    • Newton Co. Enterprise
    • Rensselaer Republican
    • Review-Republican
      • Fountain Co. Neighbor
      • Herald Journal
      • KV Post News
      • Newton Co. Enterprise
      • Rensselaer Republican
      • Review-Republican
    Iowa
    • Atlantic News Telegraph
    • Audubon Advocate-Journal
    • Barr’s Post Card News
    • Burlington Hawk Eye
    • Collector’s Journal
    • Fayette County Union
    • Ft. Madison Daily Democrat
    • Independence Bulletin-Journal
    • Keokuk Daily Gate City
    • Oelwein Daily Register
    • Vinton Newspapers
    • Waverly Newspapers
      • Atlantic News Telegraph
      • Audubon Advocate-Journal
      • Barr’s Post Card News
      • Burlington Hawk Eye
      • Collector’s Journal
      • Fayette County Union
      • Ft. Madison Daily Democrat
      • Independence Bulletin-Journal
      • Keokuk Daily Gate City
      • Oelwein Daily Register
      • Vinton Newspapers
      • Waverly Newspapers
    Michigan
    • Iosco County News-Herald
    • Ludington Daily News
    • Oceana’s Herald-Journal
    • Oscoda Press
    • White Lake Beacon
      • Iosco County News-Herald
      • Ludington Daily News
      • Oceana’s Herald-Journal
      • Oscoda Press
      • White Lake Beacon
    New York
    • Finger Lakes Times
    • Olean Times Herald
    • Salamanca Press
      • Finger Lakes Times
      • Olean Times Herald
      • Salamanca Press
    Pennsylvania
    • Bradford Era
    • Clearfield Progress
    • Courier Express
    • Free Press Courier
    • Jeffersonian Democrat
    • Leader Vindicator
    • Potter Leader-Enterprise
    • The Wellsboro Gazette
      • Bradford Era
      • Clearfield Progress
      • Courier Express
      • Free Press Courier
      • Jeffersonian Democrat
      • Leader Vindicator
      • Potter Leader-Enterprise
      • The Wellsboro Gazette
    © Copyright The Bradford Era 43 Main St, Bradford, PA  | Terms of Use  | Privacy Policy
    Powered by TECNAVIA