Barbieri v. Shapp

Dissenting Opinion by

Judge Blatt:

I must respectfully dissent. In my opinion, Section 13(a) of Article Y of the Pennsylvania Constitution unambiguously requires that' judicial offices in Pennsylvania be filled by persons who are elected and that such persons “be elected at the municipal election next preceding the commencement of their respective terms. ’ ’ Moreover, our Supreme Court clearly indicated in Berardocco v. Colden, — Pa. —, —, 366 A.2d 574, 577 (1976), that the purpose of all of the provisions of Section 13 of Article V is to insure that whenever possible judicial officers shall be…