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Pa. Supreme Court Chief Justice Max Baer dies at 74

Max Baer, the chief justice of the Pennsylvania Supreme Court, died overnight, the Post-Gazette has learned. He was 74.

Mr. Baer was first elected to the Supreme Court in 2003, and was sworn in as its chief justice in 2021. He was set to retire at the end of 2022, after reaching the mandatory retirement age of 75.

The state Supreme Court confirmed his death in a news release Saturday morning. A cause of death was not immediately available. Justice Debra Todd, who was set to replace Mr. Baer in January when he reached the mandatory retirement age of 75, will now serve as the chief justice of the state Supreme Court, the court announced.

Chief Justice Todd is the first woman in Pennsylvania history to lead the state’s highest court.


Pennsylvania Supreme Court Chief Justice Thomas Saylor before Pennsylvania Gov. Tom Wolf takes the oath of office for his second term, on Tuesday, Jan. 15, 2019, at the state Capitol in Harrisburg, Pa. Mr. Saylor departed Friday after serving 24 years on the state’s high court and four years on the Superior Court.
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A Pittsburgh native, Mr. Baer graduated from the University of Pittsburgh in 1971 and from the Duquesne University School of Law in 1975. He served as deputy attorney general for Pennsylvania from 1975 to 1980, and then moved to private practice for nine years.

Mr. Baer was first elected as a judge in 1989 to the Allegheny County Court of Common Pleas. He spent the majority of his time in the court’s family division, where he earned statewide and national recognition for his juvenile court reforms.

“This is a tremendous loss for the Court and all of Pennsylvania,” Chief Justice Todd said in a statement. “Chief Justice Baer was an influential and intellectual jurist whose unwavering focus was on administering fair and balanced justice. He was a tireless champion for children, devoted to protecting and providing for our youngest and most vulnerable citizens.”

Gov. Tom Wolf will now be tasked with appointing a new justice to fill the vacancy on the court, following an application process and approval by the state Senate. However, the state Senate has seven remaining session days scheduled for the remainder of 2022 — and only one in November — meaning it’s likely that the next governor of Pennsylvania will choose who fills the vacancy.

The state Supreme Court has a 5-2 Democratic majority, including Mr. Baer. The court has been the subject of criticism in recent years from Republican leaders, who have called the bench an “activist” court for its liberal interpretations of state law.

Chief Justice Emeritus Thomas Saylor said Mr. Baer was a “consummate gentleman” and “dear friend” of his. The two had just spoken on Friday, and Mr. Saylor said he was looking forward to spending more time with his grandchildren upon his retirement.

“He was very conscious when he took over as chief justice of continuing to foster a spirit of collegiality among the justices,” he told the Post-Gazette. “And to make sure that — notwithstanding any type of division on a particular case — at the end of the day, it was to remain a very collegial and respectful court. I think that will also be part of his legacy.”

Mr. Saylor, a longtime jurist who served on the state Supreme Court from 1998 to 2021, said Mr. Baer worked to maintain close ties to the Steel City. He held football season tickets for both the University of Pittsburgh and the Steelers, and he kept up to date on how the Panthers were doing.

“Three weeks ago, I was in Pittsburgh and went with him to the West Virginia game.” Mr. Saylor said. “It was a grand evening. I am very blessed that I had that time with him recently.”

Ken Gormley, the president of Duquesne University and a legal scholar, knew the chief justice for most of his career. Mr. Gormley said said Mr. Baer believed justices shouldn’t be public figures, shying away from the limelight and using his position to uplift others in the profession.

“He was collegial, he worked really hard to have the court function as a family, and he led by example,” he said. “He was the most caring person imaginable, always put others first and celebrated their successes. He hated pettiness. He had no time for pettiness.”

Mr. Baer had spent much of his recent time working toward his retirement, Mr. Gormley said, which included preparing Chief Justice Todd to succeed him.

“He wanted so much for her to succeed in every way. He was very cognizant of the fact that she would be the first female chief justice in the history of the court,” Mr. Gormley said.

State Senate Minority Leader Jay Costa, D-Forest Hills, said he was heartbroken over the death of Mr. Baer, a friend of 30 years whom he called “a respected leader and a true public servant.”

“A fellow Duquesne Law School graduate and lifelong yinzer, Justice Baer leaves an accomplished legacy of moral clarity, justice, and care for our democracy,” Mr. Costa said in a statement. “I will miss him greatly and am holding his family in my prayers today.”

Pittsburgh Mayor Ed Gainey in a statement also remembered Mr. Baer for his career in public service, including his “decades fighting on behalf of families” on the Allegheny County Court of Common Pleas.

“Chief Justice Baer was always kind, compassionate and caring,” Mr. Gainey said. “His death will be a loss for the entire Commonwealth.”
https://www.post-gazette.com/news/ob...s/202210010040