House Rep. Natalie Mihalek, R-Pittsburgh, speaks during a conference call in 2023.

Five Republican members of the state House of Representatives are pushing to oust an Allegheny County magisterial district judge.

It’s not known if the resolution will move forward in the House, given Democrats’ narrow grip on the chamber, but at least one Democrat in the chamber is on the record supporting an investigation. Pittsburgh television station KDKA reported that Democratic state Rep. Anita Kulik has been critical of Magisterial District Judge Xander Orenstein and is asking the Pennsylvania Supreme Court to investigate.

KDKA also reported that Orenstein was pulled from court hearings in April after suspects facing felony charges were also given no-cash bail. One was accused of leading law enforcement on a high-speed chase and the other was accused of trafficking more than $1 million worth of alleged fentanyl.

Republicans Natalie Mihalek, Jill N. Cooper, Joshua D. Kail, Robert W. Mercuri and Marci Mustello have introduced a co-sponsoring memorandum for their upcoming impeachment resolution for Orenstein following what Republicans call the repeated and deliberate failure of Orenstein to impose reasonable cause. bail and safe conditions for violent offenders.

They cite Orenstein’s decision not to grant bail for Anthony Quesen, a man accused of brutally assaulting and robbing a victim in Point State Park and resisting arrest, to be free on non-cash bail. However, failure to set bail may come with other conditions for those charged with a crime, including mental health treatment, travel restrictions or mandatory drug and alcohol testing.

“Although Quesen was homeless, charged with multiple serious violent crimes, and demonstrated an unmistakable intent to avoid responsibility by attempting to evade arrest, MDJ Orenstein clearly determined that Mr. Quesen was not a flight risk or was not a danger to the community. ,” Mihalek wrote in her co-sponsorship memo. “Predictably, not only did Mr. Quesen fail to show up for his court dates, but he also committed another violent crime when he attacked and killed Pennsylvania State Police Alcohol Enforcement Officer Benjamin Brallier who had been jogging along the Montour Trail in Allegheny County.”

Valerie Gaydos, another Republican House member, sent a letter to the Pennsylvania Board of Judicial Conduct to investigate Orenstein. Kulik, in addition to calling for an investigation, is calling for Orenstein to resign.

Many in the legal field say that prosecution is not an appropriate course of action. According to radio station WESA, an NPR affiliate in Pittsburgh, a 2018 review of judicial impeachment by NYU’s Brennan Center for Justice found that only two state judges have been removed nationally in the past 25 years, including one in Pennsylvania. Lancaster County judge fired for dismissing his own parking tickets and failing to file tax returns.

Republicans, however, believe Orenstein’s handling of Quesen’s bail deserves to set a new standard for impeachment.

“The public relies on judges to make decisions that balance the rights of the accused with the safety of the community,” Mihalek wrote. “MDJ Orenstein’s failure to faithfully and responsibly enforce the laws of this Commonwealth to protect our communities amounts to a dereliction of duty. Indeed, to consistently release dangerous violent offenders into the public without considering the potential harm they may cause involves either gross incompetence or a willful disregard for one’s judicial obligations. Regardless of the source of MDJ Orenstein’s failures, it is clear that his immediate removal from court is necessary to prevent further injury and loss of life, uphold judicial standards, and restore confidence in the criminal justice system.”