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Delayed selection sidesteps any judicial entanglements

Good judgment and restraint should not be underestimated as Judge Marilyn Horan is promoted to the federal bench and the process begins for selecting her successor in the Butler County Court of Common Pleas.

We’ve already felt the sting of politics behind Horan’s ascent. First nominated to the federal bench in 2015 by President Barack Obama, Horan’s confirmation went nowhere on the U.S. Senate floor and was never voted upon. In December, President Donald Trump nominated Horan to the U.S. District Court for the Western District of Pennsylvania. This time, her appointment was confirmed Sept. 6 by unanimous Senate vote.

When Horan departs the county court on Oct. 5, Judge William Shaffer will take over her administrative oversight duties. The state Supreme Court appointed Shaffer to succeed Horan. Horan likewise was appointed last year to take over administration after President Judge Thomas Doerr was sued by a probation officer.

It is important to note that the Pennsylvania Supreme Court appointed Shaffer to succeed Horan as administrative head of the five-judge county court; that the selection was merit-based; and that the arrangement is open-ended.

It’s equally important to note that Horan’s position itself will remain empty until voters select a new judge in November 2019, one year from now.

It did not have to be done this way. In fact, there’s a standard procedure — a process that’s generally accepted as proper, correct and aligned with regulations — but which would not be the most fair or just under the circumstances.

Anyone appointed to the position would be seen as having an implied advantage — incumbency — in the coming election. At the least, they could campaign on the claim of having experience as a judge even if the experience is limited to a few months.

Conventional politics won’t work. The general election is six weeks away. Butler County’s legislative caucus is almost exclusively Republican, while the incumbent Gov. Tom Wolf is a Democrat. Under standard procedure, the Republican and Democrat county chairs propose names to Gov. Wolf, or state senators whose districts include Butler County recommend judicial candidates to Wolf, who would then pass those names on to the state Senate for an approval process that requires two-thirds of the 50-member chamber. This is not very likely to happen — there is no common ground between the political parties.

It makes more sense to leave the judicial position vacant and let the county get by for a year with five judges instead of six.

Apparently, that’s what the court anticipated all along. “Our board of judges have been planning for this,” Horan said on Friday. “The reality is we’ll be down a judge.”

Horan’s parting assessment of the county court should serve as a benchmark and watchword for the rest of us for the coming year: Our court system is going to be strained, but it’s a good system. And the remaining county judges will do what needs to be done to take care of the community and court.

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