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Longtime Lycoming County judge Nancy Butts loses seat on bench

Voters declined to retain long-time Lycoming County President Judge Nancy Butts during Tuesday night’s election, according to unofficial vote totals posted to the state election returns website.

Butts’ retention was soundly rejected by voters, by a difference of 9,435 votes, with 19,115 votes or 66% of the vote against retention and 9,680, or 34%, in favor.

Retaining Butts was a hot-button issue in the off-year election, with several protests taking place centered around recent unpopular rulings made by the judge.

Butts was elected to the bench in 1995, and retained in elections in 2005 and 2015. She ascended to the position of President Judge in 2010.

Lycoming County Judge and former District Attorney Eric Linhardt, who is next in seniority, will assume the presidency upon the expiration of Butts’ term on Jan 1.

The Sun-Gazette has reached out to Butts’ office for comment.

All judges within the state, with the exception of magisterial district judges, are subject to retention votes, following a 1968 amendment to Article 5 of the state Constitution, according to www.pavotesmart.org.

The purpose of the change was to give voters the ability to hold judges accountable, while avoiding the pitfalls of political-party attachments.

Judges running for retention do not participate in primary elections as candidates for other offices do, and the question ultimately posed to voters is a simple “yes” or “no.”

Butts is only the second county judge to lose a retention vote.

In 1974, county judge Thomas Wood Jr., who had served from 1964 to 1974, lost his retention vote, following several unpopular decisions, according to the Lycoming Law Association.

Judicial vacancies are eligible to be filled by appointment of the governor, with a two-thirds consent of the Senate, according to Article 5 of the state Constitution, however, what exactly comes next is unknown at this time.

“We’re all in somewhat uncharted territory,” an official told the Sun-Gazette. “This town has not experienced this type of thing since Judge Wood’s lack of retention … Judges in Pa. are only elected in odd years. This means the seat is empty for 2026 and 2027, unless the governor appoints somebody, which I think is likely.”

Whoever wins the election in 2027 would start serving a 10 year term on the Court of Common Pleas in January 2028.

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