HARRISBURG, Pa. (AP) — Philadelphia’s elected prosecutor lost a court ruling Friday in his lawsuit seeking to halt a law that required a special prosecutor be appointed by the attorney general’s office to investigate public transportation crimes of the city to deal with.
A divided Commonwealth Court dismissed the prosecutor’s plea Larry Krasner‘s argument that the law passed by Republicans in the General Assembly late last year, along with dozens of Democratic votes, violates the state Constitution.
Krasner, a Democrat, sued the law in January, arguing it unconstitutionally stripped him of his geographic jurisdiction, key prosecutorial functions and other grounds.
He said he plans to appeal the court’s 4-3 ruling to the state Supreme Court, which currently has five Democratic and two Republican justices.
“I will not specifically address the majority’s differing positions other than to say that we respectfully disagree and look forward to the Pennsylvania Supreme Court’s decision,” Krasner said in a telephone interview.
The law gives the special prosecutor the ability to take over crimes “within” the Southeastern Pennsylvania Transportation Authority, known as SEPTA, and when that happens, requires the district attorney to suspend investigations and proceedings and turn over the files to the special prosecutor.
It was passed amid concerns from some about crime in Philadelphia and their belief that Krasner’s progressive policies have made the situation worse. Krasner claims he has prosecuted the vast majority of crimes that come to his office through SEPTA. Democratic Gov. Josh Shapiro signed the bill into law.
Progressive prosecutors in major cities across the United States have been on the defensive in recent years, facing recalls, tough-on-crime challengers in re-election bids and, in Krasner’s case, impeachment.
In general, progressive prosecutors support finding alternatives to prison sentences and refraining from prosecuting low-level crimes to reduce incarceration rates and address perceived social inequities in the criminal justice system.
In a dissent, Judge Christine Fizzano Cannon said the law improperly delegates legislative power to the General Assembly, allowing the special counsel to decide what “within” means with regard to SEPTA. She said this was too vague and represents a fatal flaw in the law. Cannon and two other judges said they would have rejected the law.
“SEPTA is an agency. It is an entity. It is not a specific place or something tangible. The meaning of “inside” in relation to SEPTA makes no concrete impression on the average person; it is simply incomprehensible,” wrote Fizzano Cannon.
She argued that the law also violates the due process rights of criminal defendants by preventing them from challenging the special prosecutor’s authority.
Attorney General Michelle Henry announced Friday that she has appointed Michael Untermeyer, a Philadelphia attorney with experience as a prosecutor and hearing examiner, as special prosecutor. The press release announcing his appointment stated that the court’s decision made Untermeyer’s hiring possible.
Senate Majority Leader Joe Pittman, a Republican from Indiana County, said in a statement responding to the court ruling that Krasner has perpetuated lawlessness and that the legislation means the prosecutor’s “reckless inaction on crime will not will continue to have a negative impact on SEPTA directors and employees.”
The lead sponsor of the SEPTA prosecution bill, Sen. Wayne Langerholc, a Republican from Cambria County, has said he envisioned the special prosecutor choosing which crimes to prosecute and leaving the rest to Krasner. The law expires in conjunction with the end of Krasner’s second term in December 2026.
Krasner is also awaiting a decision from the Supreme Court on whether the Senate can proceed with a trial on whether to remove Krasner from office. Republicans who controlled the House of Representatives last term voted to impeach Krasner, but the trial in the Republican-majority Senate is on hold while the Supreme Court reviews the case.
