HARRISBURG – Just months before his retirement from the bench, Supreme Court of Pennsylvania Chief Justice Max Baer died at his home near Pittsburgh on Sept. 30, at the age of 74.
The Administrative Office of Pennsylvania Courts announced the news on Saturday, and released no information as to the cause of Baer’s death.
Succeeding Baer as Chief Justice of the state Supreme Court will be Justice Debra A. Todd, the first woman ever to lead the Court, which is the oldest appellate court in the U.S.
Todd - a fellow Democrat, 14-year veteran of the Court and about to turn 65 - was already scheduled to succeed Baer as Chief Justice in December, when Baer would have reached the Court’s mandatory retirement age of 75.
“This is a tremendous loss for the Court and all of Pennsylvania. 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,” Todd said, in response to the news of Baer’s passing.
“His distinguished service and commitment to justice and fairness spanned his decades on the bench – first as a family court judge in Allegheny County and eventually as administrative judge in family court before being elected to serve on the Supreme Court. On behalf of the Court, we offer our deepest condolences to family, friends and colleagues of Chief Justice Baer.”
The Governor of Pennsylvania must appoint Baer’s replacement, who then must be confirmed by a two-thirds majority of the Pennsylvania Senate. However, whether that appointment will fall to Gov. Tom Wolf, due to leave office in January after his two terms expire, or his successor remains to be seen. Meanwhile, the Pennsylvania Senate will convene seven more times in 2022.
Baer was one of five Democratic justices on the seven-member Court.
“I’m extremely saddened to learn that Chief Justice Baer passed away. He was a respected and esteemed jurist with decades of service to our courts and our commonwealth. I am grateful for his contributions and leadership in the Supreme Court. Frances and I send our heartfelt condolences to his loved ones and his fellow justices and colleagues at the Supreme Court of Pennsylvania,” Wolf said.
Wolf immediately ordered the Commonwealth flag on all facilities, public buildings and grounds to fly at half-staff, and to remain so until sunset on the day of Baer’s interment, which has not yet been announced.
The Commonwealth Court of Pennsylvania, upon which Baer previously served before being appointed to the Supreme Court of Pennsylvania, also remembered him fondly.
“The judges of the Commonwealth Court share in the grief of our colleagues on the Supreme Court at the tragic loss of Chief Justice Max Baer. His impact on the judiciary is immeasurable and marked by his moral courage and untarnished reputation for fairness, honesty and integrity,” Commonwealth Court President Judge Renee Cohn Jubelirer said, in a statement.
“The Chief personified all that is good about the work and the role of the courts, focusing his life’s work on meeting the needs of children and their families. Chief Justice Baer was a mentor to so many, who will now go forward and work to carry on his legacy. Our thoughts for peace and healing go out to his family, friends and colleagues as they mourn his passing.”
The Democratic nominee for the governorship, Pennsylvania Attorney General Josh Shapiro, also offered his remembrance of Baer.
“Justice Max Baer was a legal giant, a truly kind man and a dedicated public servant to our Commonwealth. His impact will be felt for generations. He’s left an indelible mark on the Supreme Court. May Max Baer’s memory be a blessing,” Shapiro said.
Baer earned a bachelor’s degree from the University of Pittsburgh and a law degree from Duquesne University School of Law, prior to serving as Pennsylvania’s Deputy Attorney General from 1975 to 1980.
Baer was elected to the Allegheny County Court of Common Pleas in 1989 and appointed administrative judge of its Family Division in 1993.
In that capacity, Baer was named the Pennsylvania Adoption Advocate of the Year in 1997, received the federal Department of Health and Human Services Adoption 1998 Excellence Award for Judicial Innovation, and was recognized as the Pennsylvania Bar Association’s Child Advocate of the Year in 2000, in addition to numerous other honors.
Baer was then elected to the Supreme Court of Pennsylvania in 2003 and became its Chief Justice last year.
Baer is survived by his wife, Beth; sons Benjamin, an attorney in Philadelphia, and Andrew, a lieutenant colonel in the Air Force; and five grandchildren.
Baer will be honored on Tuesday during a public memorial service at his law school alma mater, Duquesne University.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com