The Judicial Bug Bites

by Mary F. Patel

Karen Simmons, legal counsel to Philadelphia Police Commissioner Sylvester Johnson and his department, is running for one of three open seats on Municipal Court this year. Once she files her nominating petitions next week, Simmons will have to resign her position.

Simmons was thrown into the spotlight in January when it became known that she was the person who told then-mayoral spokeswoman Barbara Grant, in September 2003, that she believed Mayor John Street's office was bugged. This led to the sweep of Street's office when the FBI bug was found a month later.

Originally from Jacksonville, Fla., Simmons was a public defender here before moving over to the city solicitor's office. She was then hired by former Police Commissioner John Timoney in 1998 as legal counsel for the department and was promoted to senior legal counsel by Johnson in 2002.

Simmons says she wants to be a judge because, as a public defender, she saw how defendants are treated as second-class citizens.

"It doesn't matter if you are black, white or blue," she explains. "Everyone should be treated fairly. And if you are found guilty, you must be held accountable."

Municipal Court is where preliminary hearings on criminal offenses and civil cases dealing with small claims and tenant/landlord disputes are held. Jury trials are reserved for Common Pleas Court.

Simmons says she is familiar with the local process for electing judges in which candidates pay money to the party, kowtow to ward leaders and apply for the recommendation of the Philadelphia Bar Association. She intends to run as a Democrat and will seek party support.

"I'm not from Philly, so I'm not politically connected. I understand the process can be costly but I am qualified and confident of my background," Simmons says, adding that Johnson is very supportive of her decision.

In related news, Gov. Ed Rendell appointed Glenn Bronson, Charles Cunningham and Susan Schulman to fill mid-term vacancies on Common Pleas Court and the Senate confirmed them last month. Rendell is pushing these candidacies since they must also be elected this year to keep their jobs.

As all three appointees are white, Rendell's slate has caused friction within the Democratic City Committee. The Policy Committee always insists on a racially diverse slate of candidates and wants the remaining spots to go to minorities.

Business Boomtown?

The city's bond rating is at an all-time low, municipal debt is mounting, social-service groups are expecting huge cuts and the government is stymied by allegations of corruption and payoffs that reach all the way to the top.

All that considered, would anyone want to start a business here? Surprisingly, the answer is yes. There has been modest growth in the number of new businesses as, according to information from the Department of Licenses and Inspections (L&I), there were 12,600 applications for business licenses last year. That is a 7 percent increase from 2003, when the number of enterprises receiving new licenses was 11,759. In 2002, the number was 11,400.

L&I spokeswoman Andrea Swan says there is no way to track the specific type of new businesses; they could represent anything from a one-man consulting operation to a much larger company. More new businesses don't necessarily translate to more jobs in the city, however. Small businesses could be replacing bigger businesses and there is no good information on how many businesses went under during that time period.

City Councilman Michael Nutter and Greater Philadelphia Chamber of Commerce President Mark Schweiker are trying to create an even better environment for fostering new businesses by lobbying City Council to eliminate the dreaded business privilege tax.

Trolling for Controller

State Rep. Alan Butkovitz is looking like a favorite to win the endorsement for city controller from the Democratic City Committee over rival John Braxton. Democratic ward leaders are fond of Butkovitz because he's a "party guy" who's paid his dues.

Braxton, a former Common Pleas court judge who resigned to run for a U.S. House seat in 1996, has just been endorsed by the Communications Workers of America, District 13.

If Butkovitz wins the primary against Braxton, he will face Republican candidate Hillel Levinson in November's general election.

If Butkovitz wins the general, word is that John Sabatina, Jr. , an assistant district attorney, will run for his vacated seat. His father, John Sabatina, is the 56th Ward leader. Also rumored to be interested in running is Lisa Deeley, the administrative assistant in Butkovitz's local House office. Butkovitz has served in the 174th district since 1991, representing parts of Northeast Philadelphia.