The Pennsylvania Supreme Court, not known for being shy about defending
its prerogatives, has put itself in a curious situation.After months of
intrigue and court silence, the justices surprised Pennsylvania's legal
community by saying they would hear public arguments on Attorney General
Kathleen Kane's legal challenge to the court's self-appointed power to
launch special prosecutions.
The case in question is a court-ordered investigation into whether
Kane's office illegally shared secret investigative material with the
Philadelphia Daily News. The result was a grand jury's recommendation
that Kane be charged with perjury and other offenses.
The justices may not ultimately agree with Kane that the courts lack the
authority to appoint prosecutors to run grand juries or investigate her
office. But, say lawyers and court watchers, the justices must at least
clean up a murky and messy process that has been dogged by questions
about legality and constitutionality.
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