Barbieri v. Shapp

I agree with the conclusion of Mr. Chief Justice JONES, in his Opinion for the Court, that Judge Cercone’s term of office as Judge of the Superior Court has been extended by operation of Section 2 of the Schedule to Article V of the Pennsylvania Constitution,1 to the first Monday of January 1980. The Court therefore correctly holds that Judge Cercone need not run for retention election as Judge of the Superior Court until the 1979 municipal election. I do not accept the reasoning employed by Mr. Chief Justice JONES to reach this result, in that it fails to emphasize the limited scope of this…