Rogers v. Tucker

In Rogers v. Tucker, 443 Pa. 509, 279 A.2d 9 (1971), a judge resigned from the Commonwealth Court effective January 4, 1971, which created a vacancy two days shy of the ten-month period contemplated by Article V, 13. Because the vacancy was so close to meeting the 10-month requirement, the Secretary of the Commonwealth listed the office as one to appear on the ballot for the 1971 Municipal Election. The Pennsylvania Supreme Court ordered the removal of that office from the ballot, explaining: We believe that the ... language in Article V, Section 13(b), with respect to the term of a person Appointed to fill a Judicial vacancy ... is clear and unambiguous and we have no right to disregard or distort its language, even though we may believe it produces an unwise or unfortunate result. It follows expressly or by necessary implication that the election ... to fill the Judicial vacancy which occurred on the resignation of Judge Barbieri on January 4, 1971, must be held at the municipal election in November 1973. Rogers, 443 Pa. at 518, 279 A.2d at 14.