There’s never been any doubt that the state Supreme Court would ultimately need to sort out the Tom Knox-funded Bob Brady ballot challenge morass.
Now, Brady’s Cozen O’Connor lawyers have officially asked the justices for permission to bypass Commonwealth Court review of the Knox camp’s appeal of the trial court decision in favor of Brady, the U.S. representative and longtime city Democratic Party chief.
On Tuesday, Luzerne County Senior Judge Patrick J. Toole Jr. -- an out-of-town judge brought in to preside over the matter because of Brady’s ties to past judicial elections in Philadelphia -- ruled that Brady’s omission on financial disclosure forms of his alleged ties to city and carpenters’ union pension funds wasn’t enough to warrant kicking him off the ballot.
Toole had ruled that the city pension was governmentally mandated and did not have to be reported, but that the carpenters’ union pension was income and should have been reported.
Toole said that error was not fatal, however, and that an amendment to the forms would cure the problem.
The next day, Knox’s lawyers at Spector Gadon & Rosen filed appeal papers.
In their King’s Bench brief, Brady’s lawyers ask the high court to assume jurisdiction over the appeal immediately “so that it may render a decision in time to allow [Brady] as much time as possible to pursue his campaign free of the cloud of these proceedings.”
The appeal is expected to present the justices an opportunity to lay down precedent concerning the exact definition of “direct and indirect sources of income” in the context of state office candidate financial disclosure statements.
--Asher Hawkins, Staff Reporter