Dec 19, 2012 05:49
PITTSBURGH - A prosecutor wants a judge to reject arguments by state Supreme Court Justice Joan Orie Melvin's attorneys that her prosecution on campaign corruption charges is an unconstitutional violation of the separation of powers.
The 56-year-old Pittsburgh-area jurist is scheduled for trial next month on charges that she illegally used her Superior Court staff to help her campaign for a Supreme Court seat in 2003 and again in 2009, when she was finally elected to the state's highest court.
Earlier this month, Melvin's attorneys argued that the prosecution is "unprecedented and constitutionally flawed" because they contend only court officials can regulate political activity by court employees.
But the response by Allegheny County prosecutors says Melvin is charged with misusing state resources - her state-funded staff - and that she's not immune from prosecution just because they were her employees
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