Commonwealth Court of Pennsylvania Reminiscences of The Honorable Richard DiSalle Judge DiSalle was a member of the Commonwealth Court from 1978 to 1980. He was interviewed by the Honorable Jeannine Turgeon of the Dauphin County Court of Common Pleas; she was a law clerk for Judge Genevieve Blatt from 1977 to 1979. The interview was conducted in Pittsburgh on June 11, 2010. 1 JUDGE TURGEON: Okay. This is Jeannine Turgeon, and we are here interviewing Judge Richard DiSalle for the Commonwealth Court Historical Society. Now, when did you – you were appointed to the Court originally? JUDGE DISALLE: Yes. JUDGE TURGEON: And that was back in 1977? JUDGE DISALLE: ‘78. JUDGE TURGEON: ‘78. And how did that happen? Did you get a call some late Sunday night pretending to be governor, or how did that happen? JUDGE DISALLE: Unlike Glenn Mencer, I did not get a call late at night asking me if I wanted to be on the Commonwealth Court. We heard that there were vacancies on the Court. There was a vacancy on the Court because of the death of Judge Kramer. JUDGE TURGEON: And he was from Pittsburgh. Wasn’t Harold Kramer from Pittsburgh? JUDGE DISALLE: Yes. So I talked to my colleagues on the Commons Pleas bench. I was on the Common Pleas Court at the time in Washington County. They said, We think you ought to apply for it. So I put in my application and waited what I thought was an ungodly length of time until I found that I was one of three that -- there were three candidates on the short list and I was one of them. JUDGE TURGEON: Were they all from Western Pennsylvania? Did they consider that – JUDGE DISALLE: Most of them were from Western Pennsylvania. JUDGE TURGEON: So they thought of that as a Western Pennsylvania slot – JUDGE DISALLE: Yes. JUDGE TURGEON: -- so to speak? JUDGE DISALLE: So – well, maybe I did end up getting a call from the governor, because at the end of the hunt, I got a call from Governor Shapp telling me that I had been appointed. JUDGE TURGEON: That was exciting. JUDGE DISALLE: It was exciting. In fact, I think I got it – I think I was on my way home from the office and my wife called me and said, There’s a call here from Governor Shapp. And I said, Put him into my car phone. So I was in the car when I got the news that I was appointed to the Commonwealth Court. It was exciting. 2 JUDGE TURGEON: And you were a trial judge at the time in Washington County – JUDGE DISALLE: Yes. JUDGE TURGEON: -- Court of Common Pleas? JUDGE DISALLE: I had been elected to that in 1969, and I took office in January of 1970. JUDGE TURGEON: And before that you practiced law? JUDGE DISALLE: Yes, for some 18, 19 years. JUDGE TURGEON: In Washington County or in Pittsburgh? JUDGE DISALLE: Canonsburg and Washington. Mostly in Washington County. JUDGE TURGEON: What was the name of the firm? JUDGE DISALLE: The DiSalle Law Office. JUDGE TURGEON: And you had a general practice, or did you specialize? JUDGE DISALLE: No, I had a general practice. JUDGE TURGEON: So those were the days of the solo practice, general practice? JUDGE DISALLE: Yes. I had a solo office, one secretary. Office hours every night from 7 to 10 and every Saturday from 9 to 2. JUDGE TURGEON: So then you were on the bench, and you enjoyed that? JUDGE DISALLE: I did. JUDGE TURGEON: And when you were appointed to the Commonwealth Court, how did your life change, professionally speaking? JUDGE DISALLE: Well, it changed a great deal because we sat in Pittsburgh and Harrisburg, sometimes in Philadelphia. And, of course, when I was on the Common Pleas Court, I sat only in Washington County. And so I had to do a lot more travelling than I had anticipated. And the jurisdiction was really interesting because we had both appellate and original jurisdiction. And the original jurisdiction, of course, was more in line with what I did on Common Pleas Court in Washington County. 3 JUDGE TURGEON: Well, you were probably one of the few on Commonwealth Court at that time that had actual trial judge experience, other than Judge Bowman had trial judge experience. Judge Blatt did not. Judge -- JUDGE DISALLE: Rogers did not. JUDGE TURGEON: Wilkinson? JUDGE DISALLE: Wilkinson did not. Mencer did. JUDGE TURGEON: Crumlish? JUDGE DISALLE: Crumlish did. No, he was -- was he a common pleas judge? I don’t think so. JUDGE TURGEON: Not that I know of. JUDGE DISALLE: I don’t think so. JUDGE TURGEON: Rogers? And you came on with another judge, right, MacPhail? JUDGE DISALLE: Yes. JUDGE TURGEON: So there was a Democrat and a Republican? JUDGE DISALLE: Yes. JUDGE TURGEON: In 1978? JUDGE DISALLE: Yes. JUDGE TURGEON: So you had an office at home as well as in Harrisburg? JUDGE DISALLE: I had an office in Washington County, in Washington, PA, and I had an office in Harrisburg, yes. JUDGE TURGEON: So did you go to college and law school in the Pittsburgh area? JUDGE DISALLE: University of Pitt, Pittsburgh. JUDGE TURGEON: What year did you graduate? JUDGE DISALLE: 1951. JUDGE TURGEON: And you said you were on law review when we were talking earlier? 4 JUDGE DISALLE: Yes. Yes. JUDGE TURGEON: Do you remember what your article was? JUDGE DISALLE: I do. JUDGE TURGEON: What was it? JUDGE DISALLE: Legislative apportionment in Pennsylvania. It was a long article that another classmate and I worked on. And we were really proud of the article. And it got published, and we were very happy with that. JUDGE TURGEON: Were you interested in politics and government as a kid? JUDGE DISALLE: No. I was interested in government but not in politics. In fact, the way I became a judge I think is somewhat interesting. I was a first assistant district attorney for a fellow by the name of Jess Costa. JUDGE TURGEON: Related to Senator Costa? JUDGE DISALLE: No. Jess Costa was from Bentleyville, and he was a sole practitioner. And he got elected to the district attorney’s office. And everybody assumed – everybody, including myself, assumed that he would be a candidate for judge. As I said, I was his first assistant. And when I – when he asked me to be first assistant, I said, “Jess, I’m not sure I should take this.” He said, “Why not?” I said, “First of all, I’ve never been in politics; I’m not interested in politics.” I said, “I have a pretty sizeable law practice, and I can’t be in that office every day.” And he said, “I just want you to try the major cases.” He said, “I hear that you’re a good trial lawyer.” And I didn’t know Jess before that. He said, “I hear that you’re a good trial lawyer.” He said, “I would like you to handle the major cases that come into the office; you don’t have to be there every day. But if you’d do that, you can have the job.” He said, “I know you’re not in politics; let me worry about the politics.” So I became his first assistant district attorney. And then when the position for judge opened up, as I say, I expected, and everybody expected, including Jess, that he would be the candidate. Well, here he had a heart attack in the latter part of the year before the position opened up or before the filing for the position opened up. And I went to see him in the hospital. I’ll never forget this. I said, “Gee, Jess, are you going to run for judge?” He said, “I can’t do it, Richard, not with this heart condition.” He said, “I can’t do it.” I said, “I wonder who’s going to run.” He said, “I can tell you who’s going to run.” I said, “Who?” He said, “You.” JUDGE TURGEON: How old was he at that time -- it was -- to have a heart attack? JUDGE DISALLE: He was only – he was relatively young. JUDGE TURGEON: So you asked him who was going to run for judge, and he said, “You”? 5 JUDGE DISALLE: “You.” I said, “You expect me to” – I said, “I’ve never been in politics.” And I said, “I know nothing about politics.” He said, “You’re going to run for judge.” JUDGE TURGEON: How old were you? JUDGE DISALLE: I was 41, 42. JUDGE TURGEON: Married with a family? JUDGE DISALLE: Married with six children. JUDGE TURGEON: You must be an Italian Catholic. JUDGE DISALLE: Right on both counts. JUDGE TURGEON: So you had an active law practice when you were assistant DA? JUDGE DISALLE: Very active. JUDGE TURGEON: Were working morning, noon and night and Saturdays. And he tells you, you were running for judge. Now, did Democrats have a majority in Washington County? JUDGE DISALLE: Yes. JUDGE TURGEON: So it was assumed a Democrat would have it? JUDGE DISALLE: But I had to run against a sitting judge who had been appointed by Governor Scranton. JUDGE TURGEON: Was he a Republican? JUDGE DISALLE: Yes. He was a nice guy too. JUDGE TURGEON: Do you remember his name? JUDGE DISALLE: Yes. Harold Fergus. He was a good judge, a nice guy. He had been district attorney, and his sons were good friends of mine. I really did not want to run against him. JUDGE TURGEON: Well, the interim appointment is made by the governor, usually of the governor’s party.