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OTTER v. CORTES

No. 11 MAP 2009

980 A.2d 1283 (2009)

Lawrence M. OTTER, Individually and as Candidate for Bucks County Court of Common Pleas Judge, Appellant v. Pedro A. CORTES, Secretary of the Commonwealth and Chet Harhut, Commissioner of Elections, Appellees.

Supreme Court of Pennsylvania.

Decided October 2, 2009.

Attorney(s) appearing for the Case

Jahn Steven Chesnov, Neshaminy, for Otter Lawrence M.

Howard Greeley Hopkirk, Harrisburg, Office of General Counsel, for Secretary of the Comm Cortes & Commissioner Harhut.

Louis Lawrence Boyle, PA Department of State, for Bureau of Elections.

Before: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice GREENSPAN.

On April 7, 2009, we issued a per curiam order affirming the Commonwealth Court's decision to deny Appellant's petition for writ of mandamus. Our reasons follow.

On February 11, 2009, then-President Judge David W. Heckler resigned from the Bucks County Court of Common Pleas.1 Judge Heckler's term of office was not due to expire until December 31, 2017 and he would not have reached...

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