Philadelphia/ Crime & Emergencies
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Published on June 15, 2024
Commonwealth Court Rules Against Philly DA Larry Krasner in SEPTA Prosecutorial Jurisdiction BattleSource: Michael Candelori, CC BY-SA 3.0, via Wikimedia Commons

The ongoing legal battle between Philadelphia District Attorney Larry Krasner and the state of Pennsylvania took a decisive turn yesterday when the Commonwealth Court ruled against Krasner in a lawsuit concerning the prosecution of crimes on SEPTA property. Krasner, who sought to challenge the constitutionality of Act 40—a law mandating the appointment of a special prosecutor for mass transit crimes in Philly—found his arguments rejected by a divided court, as reported by NBC Philadelphia.

Krasner, whose stance has consistently been that the law usurped his prosecutorial discretion and violated the state Constitution, expressed his disagreement with the ruling. "I’m not going to comment specifically on the various positions taken by the majority other than to say that we respectfully disagree with it and we look forward to the decision of the Pennsylvania Supreme Court," he said, as per Metro Philadelphia. The law passed with support from both Republicans and Democrats, now stands, allowing for the special prosecutor's interventions on SEPTA-related cases—interventions that are now under the supervision of the attorney general's office.

Act 40 was primarily sponsored by Sen. Wayne Langerholc, a Republican from Cambria County, who has articulated a vision where the special prosecutor would selectively handle certain crimes on SEPTA property while leaving others to DA Krasner's office. Financially, the city of Philadelphia is on the hook to reimburse prosecution costs while the attorney general's office is responsible for the per diem salaries, as indicated by the legislation discussed by 6abc Action News.

Amid this court skirmish over territory, Krasner is also embroiled in a separate but related political struggle. The state Senate is poised to hold a trial concerning his potential removal from office, an effort initiated by a Republican-led House vote to impeach him. However, the Senate's process remains on hold pending a Pennsylvania Supreme Court decision. "With today's Commonwealth Court ruling upholding Act 40, seven months after becoming law this collaborative effort will finally begin to make a difference with a special prosecutor to oversee crimes occurring on SEPTA within the City of Philadelphia," Pennsylvania Senate Majority Leader Joe Pittman (R) said, underscoring the influence of the law on citywide justice dynamics, as cited by 6abc Action News.