Cavanaugh v. Davis

OPINION OF THE COURT

ROBERTS, Justice.

Petitioner James R. Cavanaugh seeks a declaration and direction to respondent Secretary of the Commonwealth that the successor to the seat on the Supreme Court of Pennsylvania presently held by Chief Justice Henry X. O’Brien, whose elected term of office expires on January 3,1983, is to *353be chosen in November of 1982 at the general election immediately preceding the expiration of the term.1 Respondent has refused to certify the seat for election in 1982, on the basis of his belief that an election for the seat may not be held until the municipal election of…