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Pending proposed legislation that would fill county district attorney vacancies with the first assistant DA makes sense, state Sen. Lisa Baker said Monday.

It’s an issue that has now surfaced here because Luzerne County District Attorney Stefanie Salavantis announced last week she will be stepping down to run for a county Court of Common Pleas judge seat. Sam Sanguedolce is first assistant district attorney.

Baker, R-Lehman Township, said the first assistant is most aware of all outstanding cases and investigations, office personnel and other pending issues before the office.

Elevating the first assistant also removes the potential for politics through the appointment process, said Baker, who co-sponsored the legislation.

“I think it’s smart policy to have uniformity and continuity of operations,” Baker said, noting the change also has been a priority of the Pennsylvania District Attorneys Association.

However, the proposed legislation would have to quickly become law to apply to the local vacancy.

Salavantis said she will resign as district attorney following the petition circulation process and becoming an official candidate on the primary election ballot. She noted state law and the county charter are in conflict about whether she needed to step down, but her decision was based on her “conscience” instead of any legal requirement.

March 9 is the last day for primary election candidates to circulate and file their nomination petitions. March 16 is the last day to file objections to nomination petitions. From a county election perspective, candidates are cleared to appear on the ballot if there are no petition challenges or after challenges are adjudicated.

The state Senate passed the legislation after it was referred out of the Senate Judiciary Committee that Baker chairs and forwarded it to the state House Judiciary Committee on Feb. 8, Baker said.

To become law, the legislation must make it out of that committee and be approved by the state House after three days of legislative review, Baker said. The governor also must sign it into law.

In a best-case scenario, the legislation could become law in March or early April, Baker said. Based on the state House calendar, that legislative body is recessed for budget-related hearings until March 15, she said.

Although the law would take effect immediately, it would only apply to vacancies occurring on or after the effective date, the document says.

State Sen. Scott Martin, the prime sponsor of the state legislation, said Monday he has reached out to state House leaders about prioritizing its consideration, citing the pending Luzerne County district attorney vacancy as a pressing reason.

First assistant district attorneys are the logical choice to fill vacancies because they were chosen to be second in command by the district attorney, said Martin, R-Lancaster.

“You’d have continuity of the assistant who has been the right hand person selected by the district attorney who was selected by voters in a prior election,” Martin said. “It takes out any of the politics of whose jurisdiction it is to appoint someone. At the end of the day, these are the people’s positions.”

The new legislation also requires first assistant district attorneys to reside in the county where they are appointed. Sanguedolce is a county resident and, like Salavantis, a Republican.

Barring passage of the proposed state legislation involving the first assistant DA, county Court of Common Pleas President Judge Michael T. Vough said the court must fill the vacancy after publicly seeking applications from attorneys interested in filling the remainder of the unexpired district attorney term through January 2024.

The home rule charter says a county council majority fills the district attorney seat if it become vacant, but Vough said there is clear superseding case law that such a vacancy must be filled by the court.

Pending legislation could affect Salavantis replacement