The Panyard Report #2 - rant about election of judges and NO on retention vote

Mr. Panyard sent out this email. Panyard is a candidate for the Republican nomination for Governor of Pennsylvania.

Sent: Friday, October 28, 2005 10:59 AM
WILL THERE BE A COST FOR THE SUPREME COURT PAY GRAB?
By Jim Panyard

Pennsylvania's judicial elections have, based on voter turnouts, meant very little to the state's voters. Traditionally a turnout of 12 to 15 percent of registered voters, or about 6 or 7 percent of those over the age of 18, has determined who will dispense truth and justice from state benches.

The system for selecting judges is deeply flawed. It politicizes those who are supposed to dispense "blind justice" and objectively interpret state law.

When judges are beholden to the money and voter turnout mustered by special interest groups such as labor unions, the Pennsylvania Trial Lawyers, state lawmakers and political parties, they cease to be "citizens above suspicion."

Controversial rulings by Pennsylvania courts, up to and including the state Supreme Court, are always colored by a deep suspicion that
someone or some group "pulled some strings." Those suspicions are warranted.

Lawyers seeking to become judges aren't picked by an Act of God. They have been politically active, party loyalists, significant contributors to Republican or Democrat candidates and parties and have shown a willingness to, if "not rock the boat", then to at least "play ball" and be aware of "how the system works."

One is reminded of the classic film, "The Godfather." Don Vito Corleone tells a subject he has just granted a favor, "Perhaps, some time In the future, and that time may never come, I will call upon you for a favor."

Imagine a lawyer, desirous of becoming a judge, asking a Regional or statewide political Don for his favor and help in securing election to a judgeship.

The words may not be the same as those of Don Vito, but do you imagine the message is any different?

This November 8 Pennsylvanians will again have the opportunity to select judges, but the scene is slightly different than the typical "off year", low turnout, apathetic voter judicial election.

Two state Supreme Court Justices, Russell Nigro, a Democrat and Sandra Newman, a Republican, must stand for "retention" to secure another 10-year term on the state's high court. They are both from the Philadelphia region of the state.

What makes this year's election different is that taxpayers are still enraged about the mammoth, unconstitutional pay grabs for the governor, state lawmakers - and state judges - that was passed on July 7th, at 2 a.m.

Adding fuel to the fire is the fact that the Chief Justice of the State Supreme Court, Ralph Cappy, who, fortunately for Ralph, is not standing for retention this year, was the original designer of the pay hikes ranging from 16 to 54 percent.

That makes Nigro and Newman potential targets of voter wrath on Nov. 8. The Republican Party that carried the pay raises through the state House and Senate, both of which it controls, has already said it will put up Significant dollars to defend Newman. In all likelihood, the Democrats will do the same for Nigro.

On the other side of the financially imbalanced scale are angry taxpayers who may or may not get up off their duffs on Nov. 8 to sacrifice Newman and Nigro as symbols of their disgust with "business as usual in Harrisburg."

There is no well funded, statewide organized campaign to set the upheaval in motion. Just a glowing hope that people still care enough about their freedom to use what is left of it in the voting booth.

Pittsburgh to disband fire unit that inspects alarms, sprinklers

Skip McCrea, fireman, is also on the school board for the Pittsburgh Public Schools.

AP Wire | 10/30/2005 | Pittsburgh to disband fire unit that inspects alarms, sprinklers 'If I can prevent the pain and agony someone goes through to survive a fire, it's worth my effort,' said Floyd McCrea, the bureau's education officer.

McCrea has been the department's most powerful messenger for fire prevention in the last 10 years. As Sparky the Dog, McCrea has donned a Dalmatian costume, complete with helmet, to teach elementary school children how to escape from a burning home.

Neighborhood groups would like the bureau not to send Sparky away."

Beaver County Times Allegheny Times - Sports - Too many goals coming way too easy

Beaver County Times Allegheny Times - Sports - 10/30/2005 - New NHL: Too many goals coming way too easy Pittsburgh Mayor Tom Murphy claimed the fix is in as far as awarding a slots license for the area.

This relates to sports since the Pittsburgh Penguins plan to apply, with the idea of using slots profits to build a new arena. Pressed for details, Murphy offered none. His Honor seemed to be shocked politics operates this way.

Wasn't he the one who got the 'stealth bill' through the Pennsylvania legislature when he was seeking funding for stadiums? Murphy helped hide that provision in routine legislation, knowing most representatives wouldn't notice.

He may have gotten away with it if he hadn't gloated afterwards. Then-governor Tom Ridge had to veto the legislation.

Murphy's narrow re-election in 2001 may have been helped by a last-minute deal with the firefighters union. In exchange for union support, it's alleged Murphy promised help in getting the firemen's no-layoffs contract approved by a state arbitration panel.

And wasn't the 'fix' in when new venues for the Pirates and Steelers were publicly financed after a referendum had been soundly defeated?

I love to see ink from the sports pages devoted to politics. Wonderful.

PG Editorial: The next mayor / Only through change can Pittsburgh survive

O'Connor gets the endorsement. Lots of blame is heaped upon the Republican party by the Post-Gazette.

Editorial: The next mayor / Only through change can Pittsburgh survive: "Alas, 2005 found Republican leaders fast asleep."

I remember four years ago when I ran for Mayor along with a loyal opponent within the same party, James Carmine. We didn't get any help from the Republicans. Zippo. That lack of help was not because we didn't try. And, as it seems, it is not because we were not worthy. Joe Weinroth's lack of support from his own party proves that the party does not care about Pittsburgh. Joe is a 'worthy' candidate in their eyes. Joe is a state Republican committee person. Neither Carmine nor I were in state Republican leadership, like Weinroth has been.

The Post-Gazette rips the Republicans, and the rip is deserved.

Many Republicans from around the city, not in it, would like to see the city of Pittsburgh crumble and decay into nothingness. That's not my attitude.

The city matters to me. We can't give up on the city. Churchill said, "Never give up."

I'm a Libertarian. I've not given up. We need viable opposition to the party machine. The Libertarians offer a base to do the good work that needs to be done in fighting for the city, with smarter plans and better solutions.

The point of Joe Weinroth having a hard time as Mayor, because he is a Republican and all of City Council is from the D's party has two big flaws. First, the PG endorsed Bob Hillen, Republican, for City Council. That means Hillen could be on city council -- elected on the same day as Weinroth. So, we could get one, two or three new members on council from the Republican party. (Alan P and Sam B, two others running for council with R designation did not get the PG endorsement.)

The other flaw is the fact that the mayor has little to do with city council now that there are two oversight boards. We have both the ICA and Act 47. Those bodies are more and more important to the dealings of the city while city council is diminished.

'The fix' - Trib editorial

When do we get to stop picking on Tom Murphy?

'The fix' - PittsburghLIVE.com: 'The fix'

Pittsburgh Mayor Tom Murphy says 'the fix is in' regarding who will get the lone city casino license.
'It's no secret,' Mr. Murphy said Thursday during a Press Club of Western Pennsylvania forum. 'The word is out. The fix is in in Pittsburgh.'
And not only that, Murphy said, three potential slot machine suppliers also have the inside track.

What does Bob O'Connor say about "the fix?" Is this going to be like the great gambling scandal of the Black Sox. The Sox won the World Series this year in a 'sweep.'

Michael Lamb put the questions about donors to O'Connor in light of this gambling bid. Is there a connection there too?

Downtown: Rubber Expo next to Kwik-e-mart. Where to next?

Rubber Expo comes to Pittsburgh's Convention Center. The Kwik-E-Mart is a few steps away.

Doping flap clouds countdown to Turin - Like trick-or-treat for Olympians

SI.com - Olympics - Doping flap clouds countdown to�Turin - Saturday October 29, 2005 3:01PM The IOC backs suspensions, not jail time, for athletes who cheat.

If There Is A 'Slot Fix,' Who Is Looking Into It?

ThePittsburghChannel.com - Channel 4 Action News - If There Is A 'Slot Fix,' Who Is Looking Into It?: "Mayor Tom Murphy caused a stir on Thursday when he insinuated that the process of issuing slot machine licenses may be corrupt.

Pennsylvania's Gaming Control Board will award one slots license to Pittsburgh.

Just Say No to Newman and Nigro

The Libertarian Party of Pennsylvania strongly urges voters to vote NO to the retention of State Supreme Court Justices Sandra Schultz Newman and Russell Nigro.

November 8th, presents the first election opportunity for Pennsylvanians to express their outrage over the pay raises passed in the midnight hours by the General Assembly. Voters will have an opportunity to send a clear message by supporting the grass root efforts of Pennsylvania Clean Sweep (www.PaCleanSweep.com).

Justice Newman and Nigro both ignored the pay raises’ violations to the State Constitution and then opted to take their pay raises immediately. Article III, Section 4. states that “every bill shall be considered on three different days in each House.” Yet, the Supreme Court did not challenge the constitutionality of the pay raise which began as a 24-line proposal to limit salaries, then morphed in minutes into a 22-page law to increase salaries that was passed in late hour voting. Nor, did they question the use of “unvouchered expenses” to bypass Article II of the Constitution which states “No member of either House shall during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term.”

"Pennsylvanians have a tremendous opportunity this election to demand accountability from all branches of our government,” states David Jahn, Chair of the Pennsylvania Libertarian Party. "It is time to make Harrisburg realize they have lost touch with voters."

LP spokesman John Haley adds "It really has come down to Us versus Them. It is time for us, the good people of Pennsylvania, to start getting rid of them, the arrogant and out-of-touch politicians in Harrisburg. On November 8th, we need to just say NO to Newman and Nigro!"

For more information contact:
Doug Leard (Media Relations) or David Jahn (Chair) at 1-800-R-RIGHTS

Mayor says 'fix' is on - PittsburghLIVE.com

Mayor says 'fix' is on - PittsburghLIVE.com Besides the casino operator, he said, three suppliers of slots machines already have the inside track as well -- and none of them are owned by minorities or women. I think he said three vendors to the casino were already picked, not necessarily suppliers of the slot machines. It's a minor point. But, it goes to the overall trickle down with the economy. And, it plays a mighty force for reminders to the minority contractor saga.

When the construction of the stadiums and convention center was happening -- there were pass-through contracts. The minority contractor elements were a joke. And, the whistleblowers had a hard time.

Back when the entire stadium and convention center deals were being sold to the public in political circles, the black communities were promised lots of 'jobs' and 'opportunities' if they would only give support to 'the vision.' Well, the promises were broken.

Now the promise comes crashing down on those who work as ticket scalpers.

Meanwhile, ground is being cleared in downtown for the new African American Cultural Center. A picket was there yesterday. The union guys were upset as the demolition company was off contract.

'Ban hurts profits' -- Scalped by City Council's ordinance

City council passed an ordinance in the spring that is now before the judges. The public is taken to the courts again. The legal bills mount.

The same saga is sure to play out again with the issue of 'aggressive panhandling.' The folks are council will tighten the noose of freedom around a group of 'little people' so as to help the 'bigger people.' The rich get richer and the poor get poorer.

The scalper smack down was to benefit the Pirates, Steelers and Penguins. The more recent smack down aids those who own curbside cafes, symphony goers, and the cultural district.

'Ban hurts profits' - PittsburghLIVE.com 'From a public safety standpoint, we need to make sure it's a controlled environment out there,' DaPra said.

Solution: We need to craft city ordinances that make everyone happy. And, this does not mean we'll get everyone "at the table" to be happy as I understand that everyone is never able to get to the table.

Furthermore, and most of all, the laws need to made so as to extend freedoms, not curtail them.

Finally, we have real troubles with the understandings and enforcements of freedoms. With freedom comes responsibility in equal measures.

So, we'll have guys on the street with 40-plus citations racked up for bad behaviors. The law enforcement is lax to a point of hopelessness.

Draper Triangle Ventures gets $5M from PA to invest in start-ups. We do the math: $30-million+ stays in deep freeze. Slanders "jump starts" everywhere

Two years ago, a $60-million fund was created by state government. Our tax money was put into that fund so as to "jump-start" the local (i.e., Pennsylvania) economy. In October, $29.5 million of that money, a little less than half, was given out to seven venture capital firms. One firm was in the Pittsburgh area.

The aim is to make more money available. However, it seems as if $30.5-million is still frozen and sitting idle. It took two years to handle the first round and that only went to venture capital firms.

What part of 'jump start' is not being understood?

I'd say that Harrisburg and the business incubator weenies have made another great illustration of failure and folly.

Draper Triangle Ventures gets $5M from Pa. to invest in start-ups - 2005-10-19 The Commonwealth Financing Authority divided $29.5 million among seven venture capital firms to invest in young Pennsylvania research and development companies.

The money is part of a $60 million package created two years ago to jump-start start-ups by making more capital available.

The remainder of the money will be assigned at a later date, said Kevin Ortiz, a spokesman for the Department of Community and Economic Development.

The sole Pittsburgh recipient was Draper Triangle Ventures, one of the most active investors in companies in Southwestern Pennsylvania, which drew $5 million.

Worthy

My blog is worth $129,279.66.
How much is your blog worth?

Channel 4 News - Mayor Murphy: Issue Of Slot Licenses May Be Corrupt

This was a great exchange. Classic Murphy.

Furthermore, there was a moment when my jaw hit the floor. This one time I was in complete agreement with Tom Murphy. Oh my gosh. I was in full agreement with Tom Murphy. I started to smile. This heartfelt appreciation came over me like a glow -- and it lasted about 45-seconds.

Tom Murphy said, "You're not doing your jobs." At first I thought he was talking to the citizens and voters. But quickly I came to understand the "YOU" Tom meant was the media. You in the media are not doing your jobs, mentioned Murphy. Okay now. I was grooving. But Murphy would go on and speak some more. And then it was very clear. Tom Murphy wasn't doing his job. Tom Murphy was going to do nothing. Tom Murphy was going to bit his lip and say nothing so as to cover himself. Tom Murphy was going to float through a leadership void and let the city suffer.

ThePittsburghChannel.com - Channel 4 Action News - Mayor Murphy: Issue Of Slot Licenses May Be Corrupt: "PITTSBURGH, Pa. -- Mayor Tom Murphy raised eyebrows Thursday at a luncheon for the Press Club of Western Pennsylvania after insinuating that the process of issuing slot machine licenses may be corrupt.

He chastised Pittsburgh journalists for not digging hard enough to find out what backroom deals are being made with the state gaming commission.

He was then challenged by Pittsburgh Tribune Review reporter Andy Conti to disclose what he knows publicly.

'You and I have had conversations about it, Andy,' Murphy said.

Conti asked him to talk on the record.

'Who's going to say on the record that the fix is in, and somebody already won the license?' Conti said. 'What evidence is out there?'

'And get sued?' Murphy said."

For the record, I played a bit of a role in that -- from the sidelines. Murphy was saying that this dealings with the gambling should be "TRANSPARENT." Then he got into this bit about corruption. Meanwhile, Murphy wasn't being transparent himself. He wanted to have others be transparent, but not him. So, I spoke up when there was a silence, "Be transparent."

Then Murphy said, "And get sued?"

Then under my breath -- at my table -- I said yes. Say only what you know to be true and defend it. Be a leader. Be right. Don't just cover your backside and let the city slide into corruption, afraid to talk.

If Mayor Murphy has something to say about corruption in the gambling process, he needs to say it, in public, like the public official he was elected to be. Otherwise, he should resign. I've said that before. But this is different. This is a new month. I have not said it in October 2005. There. It feels good too. Resign Tom.

Here is the rest of the story from WTAE TV 4's site.

Murphy never said what he believes is evidence of backroom deals being made for casino licenses in Pittsburgh. However, he warns the public that the state is attempting to strip the city of local zoning authority of where gambling establishments should go up.

"Who gets the license? Where does the license go?" Murphy said. "If that power is stripped, then there will be no local control at all. It'll be forced on us by a gaming commission that may or may not be connected to the values of this community."

Murphy also cautioned the public about the perceived windfall of revenue. He said the challenge is to determine where revenues will be placed.

"Is it an arena? Is it more money for the arts or community organizations? What does it do to the basic values of Pittsburgh?" Murphy said.

The state has pushed back its deadline for issuing gaming licenses. The time frame now is summer 2006.

News at 11. We'll see what the papers bring in the morning.

Gambling discussions at The Press Club of Western PA

Lots of interesting things happened with a lunch discussion today hosted by the Press Club. Great event with lots of information for the typical citizen. I'm was keen to discover a few things that are 'in the margins' of the story that might come today from the standard outlets.

The Greater Pittsburgh Convention and Vistors Breau, a group that is funded by tax money, holds CLOSED Board Meetings. And, the Chair of that organization didn't even know it.

B.J. Leber (Chair of the Vistors & Convention Breau) and Senior Vice President and Station Manager of WQED Multimedia, also didn't know that WQED isn't going to host a Mayor's debate.

Through all the discussions, I still have yet to hear a valid objection as to why the Convention Center should not be home to the new gambling casino that is sure to come to Pittsburgh in the future. Mayor Murphy said, "We can't do that." But I think he is really saying, "I don't want to do that."

Murphy also put his abrasive personality into high gear as he scolded the locals for not doing their job. I think he was speaking to the media for its less than full-monty coverage of the associated gambling stories. Murphy wants more "transparent" elements -- for everyone else but not him. Murphy would NOT talk about some of the back-room deals that are rumored to be cut. Murphy would not name names. Murphy said some matters are 'no secret' -- but he just did so with a tease and wink and a shrug.

The state put in $150-million for the building of the Convention Center. That is money out of our (PA taxpayers) back pocket. Plus, there was to be another $150-million put in from other, local sources. But, they over-runs ran an extra $70-million or so. So, it is safe to say we paid nearly $400-million on the convention center. Or, we've paid more than $300-million and we still owe that amount.

Annually, the convention center's operation runs into the red and costs the S&A (our authority) about $3.4 million. The annual operation deficit for this one year that was not able to be covered by the annual budget was $1-million. So, annually, if this year is any proof, the convention center is a drain on the local public budgets of about $4 to $5-million.

The Vistors & Convention Breau got a good bit of money from the state at start-up, decades ago. Plus, it runs on the hotel tax.

Remember, the Vistors and Convention Center has closed board meetings. That sucks.

Furthermore, at the next board meeting, all the big hitters who are expected to put in a bid for the Pittsburgh Gambling License have been invited to present to the board. This is to consider how the gambling might impact on the convention center.

The Convention Center has a lot of religious groups. There are certain populations that are NOT interested in going to a convention city and needing to deal with gambling. They'll not want to use Pittsburgh as a destination for their events in the future.

The value of the Convention Center, according to my way of thinking, is going to go lower and lower. The Convention Center is a white elephant now that costs a lot of money from various public sources. In the future, after gambling arrives, it is going to be less viable than it is today. The Convention Center's expenses might double from their highs of today.

In his statements and presentation, Mayor Murphy talked about the 'footprint' of the new gambling casino. It is going to be huge, he said. It will take up all of Point State Park -- as a reference. It will be as big as the footprint of PNC Park -- as another point of reference. Jeepers. That fits within the existing Convention Center. Mayor Murphy supports the thinking and logic of putting the casino within the vast, under-utilized Convention Center.

Mayor Murphy also expressed some finance needs. The new casino operator is going to pay $50-million for the license (that does not expire). About another $40-$60-million for the slot machines. And, about $300-million for the building. Jeepers. We'll sell them the Convention Center for $300-million.

There are many other points and counter-points to make about this gambling saga. All points lead to a logical conclusion when you 'think again.' Put the casino into the existing, well-designed, river-front, non-neighborhood, parking rich, hotel accessible, green, CONVENTION CENTER. Then the public can profit in many ways -- to cover some of the sins of the past and get out from many of the anchors for future budgets.

If we make a push for this -- the gambling casino could open as soon as the departure of the All Star Game -- in the Convention Center -- July 2006. That's the challenge. Do it now. Do it quickly. Do it with the best property we have that is not performing well. Turn the weakness into an asset for the private operator.

United Press International - Student told to write essay as punishment -- NO HE DIDN'T. Big error in the article.

This seems to be getting national news, and perhaps it should. But, the story isn't accurate as posted below. I heard the young man, (the DU student), on a radio interview with KQV today. He did not call anyone 'subhuman.' However, he did use that word as a description for certain actions.

United Press International - NewsTrack - Student told to write essay as punishment: "Student told to write essay as punishment

PITTSBURGH, Oct. 27 (UPI) -- A student of Pittsburgh's Duquesne University has been told to write a 10-page essay on homosexuality as punishment for his blog remark on gays and lesbians.

Ryan Miner says he's willing to risk expulsion rather than write the essay that must discuss the pros and cons of homosexuality, reports the Pittsburgh Tribune-Review.

The newspaper said the 19-year-old had called gays and lesbians 'subhuman' in a blog."

If they are going to make a mountain out of a molehill -- or blow something into the mainstream discussion -- start with factual coverage.

Now, where is that blog in question? Any pointers are welcomed. This isn't a mountain, nor a molehill. But, it is a bit of hot air that bubbles up from time to time in a faithful kinda schedule. That's me and my son, Grant, standing in front of Old Faithful just before she blows.

Film: Wal-Mart: The High Cost of Low Price, 7 pm Friday Nov 18

Presented at First Unitarian Church in Shadyside, come find out why Wal-Mart needs to be held accountable for unjust practices that impoverish workers and threaten ommunities.

The controversial new film, by director and producer Robert Greenwald (Outfoxed and Uncovered: the War on Iraq), debuts in Pittsburgh in November as part of Wal-Mart Premiere Week, an unprecedented grassroots effort that will see over 3,000 screenings
across the nation from November 13-19, 2005.

This free public event is being hosted here in Pittsburgh by UUs United for Faith in Action. The screening will take place at 7 p.m. on November 18 at First Unitarian Church in Shadyside. Immediately following the film, there will be a brief presentation by two local groups and a discussion about the effect Wal-Mart is having on Pittsburgh and the nation.

The film takes the viewer on a deeply personal journey into the everyday lives of families struggling to fight against a Goliath. From a small business owner in Missouri to a preacher in California, from workers in Florida to a poet in Mexico, dozens of film crews on three continents bring the story of an assault on families and American values.

At The Press Club of Western Pennsylvania meeting. M. Ross and Dr. Davis, both from Pitt.

Gambling discussion.

Dr. Larry Davis, Mayor Tom Murphy, Tonya C. Andrew C. Gary R., Dr. Evan Stoddard of the South Side and past leader of No Dice.