Russell M. Nigro
Encyclopedia
Russell M. Nigro was first elected to the Supreme Court of Pennsylvania
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania.-History:...

 on the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 ticket in 1995. He ran for retention in 2005 but failed to earn a majority of "YES" votes, thus making him the first Supreme Court Justice to lose a retention vote since such elections were first held in 1968.

The ousting of Justice Nigro was the direct result of public anger over a pay raise for members of all 3 branches of state government, which the General Assembly
Pennsylvania General Assembly
The Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...

 passed without public notice or debate in the early morning hours of July 7, 2005 and then-governor Ed Rendell
Ed Rendell
Edward Gene "Ed" Rendell is an American politician who served as the 45th Governor of Pennsylvania. Rendell, a member of the Democratic Party, was elected Governor of Pennsylvania in 2002, and his term of office began January 21, 2003...

 quickly signed. Since executive and legislative elections would not be held until the following year, the public voiced its displeasure by narrowly granting retention to Justice Sandra Shultz Newman and denying retention to Justice Nigro. Nigro received strong support from southeastern Pennsylvania and his native Philadelphia
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...

, but met strong opposition in southwestern and southcentral Pennsylvania where anger over the pay raise was greatest.

The public blamed the courts for failing to keep the legislature in line and allowing them to collect their raises immediately through a loophole known as unvouchered expenses, instead of waiting until the beginning of their next term as mandated by state law. Notably, however, no litigation regarding the pay raise legislation ever reached the Supreme Court and therefore, neither Justice Nigro nor Justice Newman ever had an opportunity to rule on the legislation's legality. Eight days after the election, the legislature and governor bowed to public pressure and repealed the pay raise (although many failed to return the extra money they had already collected).

Vacancy

Governor Rendell
Ed Rendell
Edward Gene "Ed" Rendell is an American politician who served as the 45th Governor of Pennsylvania. Rendell, a member of the Democratic Party, was elected Governor of Pennsylvania in 2002, and his term of office began January 21, 2003...

 nominated Allegheny County
Allegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...

 Common Pleas Judge Cynthia A. Baldwin to temporarily fill the vacancy through January 2008.
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