Can someone hold office with felony convictions? | Local | tiogapublishing.com – The Wellsboro Gazette

Two Austin residents were elected to office in Austin Borough, but with both having felony convictions, will they be able to retain those positions?

The answer to that question may be Yes unless action is taken by either Potter County District Attorney Andy Watson or Pennsylvania Attorney General Josh Shapiro.

One of the officials must fire a quo warranto in the court of common pleas to remove one or both candidates from office.

In November 2021, Kaitlyn N. Crosby was elected to the office of mayor of Austin. She ran as Kate Crosby for the Libertarian party garnering 38 votes to Republican James Setzers 30.

Libertarian Andrew Dynda, who ran as Andy Dynda, was elected to one of three four-year terms on borough council with 57 votes along with Republica Bill Soloman, 73 votes, and write-in Jesse Valenti, 22 votes.

But their felony convictions may render them ineligible to hold the office they were elected to fill.

On July 7, 2021, Crosby pleaded guilty to a felony level aggravated assault by vehicle, misdemeanor level involuntary manslaughter and summary count of careless driving. Charges of homicide while driving under the influence, aggravated assault by vehicle while DUI, DUI, DUI highest rate of alcohol level, controlled substance and careless driving were withdrawn. She was sentenced to 11-24 months confinement to run concurrently with 36 months probation.

On Dec. 21, 2014, Crosby was operating a vehicle which struck two men walking along Old West Creek Road in Shippen Township, Cameron County. The impact resulted in the death of David Croyle, age 62, and injured the second, Patrick Hornung, then 25.

Dynda pleaded guilty July 8, 2015 to the felony count of criminal trespass by breaking into a structure, misdemeanor count of criminal mischief damaging property and summary counts of harassment and driving while operating privileges are suspended. He was sentenced to 3-12 months confinement in the Potter County Jail followed by 12 months probation.

Dynda charges trace back to an incident on July 20, 2014.

The Pennsylvania Constitution Article II, Section 7 bars anyone with a criminal conviction for an infamous crime from holding office in Pennsylvania. The courts have determined that felonies are infamous crimes.

Once in office, they can only be removed if either the DA or attorney general files a quo warranto, the legal procedure to remove an individual from office, of if they resign.

Under Chapter 1000 of the Pennsylvania Code, the district attorney must file a complaint with the prothonotary in the court of common pleas in the county where the municipality is located. Arguments would be heard in front of a judge unless one or both individuals resign.

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Can someone hold office with felony convictions? | Local | tiogapublishing.com - The Wellsboro Gazette