Pennsylvania Chief Justice Ronald D. Castille

The U.S. Supreme Court heard arguments earlier this week on whether former Pennsylvania Supreme Court Chief Justice Ronald D. Castille violated constitutional law when he ruled on a death penalty case in which he had been involved as a prosecutor, Philly.com's Jeremy Roebuck and Jonathan Tamari reports.

Castille, when he was the Philadelphia district attorney, authorized prosecutors to seek the death penalty against Terrance Williams. Later, Castille, as a justice on the Pennsylvania Supreme Court, participated in the ruling rejecting Williams' appeal.

During oral argument, Justice Samuel A. Alito Jr. worried that requiring recusal in such circumstances "could lead to unintended ramifications such as requiring all prosecutors-turned-judges to step aside from cases for any prior involvement, no matter how small," Roebuck and Tamari report.

The Philadelphia District Attorney's Office is arguing to the U.S. Supreme Court that a former member of the Pennsylvania Supreme Court did not need to recuse himself from hearing death penalty cases that he signed off on as the city's top prosecutor, The Legal Intelligencer's Lizzy McLellan reports.

In the appeal before the U.S. Supreme Court, former Pennsylvania Chief Justice Ronald D. Castille approved the decision to pursue the death penalty for Terrance Williams, and he heard Williams' appeal to the Pennsylvania Supreme Court. The Pennsylvania Supreme Court reversed a lower court order granting Williams post-conviction sentencing relief.

The Philadelphia Inquirer editorial board once called for the Chief Justice of the Pennsylvania Supreme Court to resign because a lawyer on the Philadelphia family court project was revealed to have a conflict of interest by becoming a co-developer. Now the editorial board has endorsed Pennsylvania Chief Justice Ronald D. Castille for retention even though he can only serve one more year until forced to retire because of his age. The board wrote: "Granted, in the kids-for-cash case and others, the court's reforms have come slowly and on the heels of probes by the press, public-interest groups, and authorities. But combined with a tougher stance on judicial discipline, such substantive reforms constitute a powerful argument for RON CASTILLE's continued service, which is subject to a retention vote on Tuesday. The chief justice might not qualify as a reformer in every state, but in Pennsylvania, he does."

Pennsylvania Chief Justice Ronald D. Castille will only be able to serve one more year if retained by Pennsylvania voters next month. Castille, a Republican, argued continuity on the high court will benefit Pennsylvania during a “'critical period as it recovers from the loss of one justice to a criminal prosecution and with another justice currently the subject of a federal criminal investigation,”' Castille said in prepared remarks provided to the Pittsburgh Tribune-Review. Joan Orie Melvin is the justice who was removed and Justice Seamus P. McCaffery is the justice who allegedly is under investigation.

Justice Max Baer, a Democrat, also is up for retention and could only serve four more years.