Debra Todd to be installed as first female chief justice of Pennsylvania Supreme Court

Debra Todd knew that in 2023, she would become the first female chief justice in the 300-year history of the Pennsylvania Supreme Court.

Her predecessor and longtime friend Max Baer had planned to retired in December, and as the next longest-serving member, the role of chief would fall to her.

But when Baer died suddenly on Sept. 30, Todd was forced to move into the position more quickly than she expected.

“Chief Justice Baer was a tremendous person and fabulous justice and chief justice,” she said. “It was just a tremendous shock. We just couldn’t imagine moving on without him.

“Fortunately, he’d done a lot to help me and ease the transition.”

Todd didn’t want her formal installation celebration to interfere with mourning for Baer, and so she waited.

“I didn’t want to do anything but quietly move on.”

Now, more than three months later, Todd said she’s ready for the celebration.

On Friday, Todd, 65, will be installed as chief justice in a ceremony at the Omni William Penn in Pittsburgh before more than 600 invited guests. The program will include a procession of more than 100 black-robed judges from across the state accompanied by bagpipes.

Todd is proud of the example she is setting for young women.

“It’s important to see that it can be done, and you don’t have to sacrifice yourself to get there.”

Early passion for the law

Todd knew from the age of 12 that she wanted to be an attorney, although becoming a judge and then justice didn’t occur to her until she was in the midst of her career as a litigator.

Growing up in Ellwood City, Todd was raised by her father, a steel worker, and her mom, a homemaker. Although they didn’t go to college, she said, they required it of their children.

When she was 12, Todd began working for a husband-and-wife law firm as a file clerk.

“What might be boring or tedious for some people was truly fun for me,” she said. “I guess I was a nerd.”

Todd loved hearing about the cases that came through the office and learning about the legal process.

“I was absolutely sure I was going to be a lawyer.”

Back then, she continued, it wasn’t common to see female attorneys — not in real life or even on television.

But by the time she got to the University of Pittsburgh School of Law — class of 1982 — it wasn’t uncommon.

There were enough women in her graduating class that she doesn’t remember the exact number.

Still, when Todd decided to enter the field of litigation, there were few women.

“It wasn’t necessarily recognized that we could be tough in the courtroom,” she said. But, “once you do a good job, people stop underestimating you.

“I loved trying cases.”

Todd practiced law for 18 years before running successfully for the state Superior Court in 1999. She joined the Pennsylvania Supreme Court in 2007.

Although she wasn’t the first woman on the court, she will be the first to serve as its chief.

“I think little girls need to see women are in places of authority, and that women can rise to the top ranks of their profession,” Todd said.

Eventually, it will be second nature that women can do anything, she said.

“I do think it’s symbolic,” Todd said. “Even though it’s taken 300 years for Pennsylvania to have a female chief justice — that part stands out to me — I’m absolutely certain I’m the first of many.”

Since Baer’s death, the state Supreme Court has been functioning with just six justices after former Gov. Tom Wolf chose not to appoint a replacement.

Todd said she didn’t know the plans of new Gov. Josh Shapiro, but the seat will be on the ballot in the fall general election.

Even if a new justice is appointed, she said, they would only serve the remainder of this calendar year.

“We are managing quite nicely with six justices,” she said.

During her 15-year tenure on the court, Todd said there were times when there were only five, four, and once even just three justices.

“I can’t speak highly enough about my five colleagues. We will not miss a beat.”

Partisan accusations troubling

Todd spoke candidly about her frustration at the legislature and sometimes media painting the court as partisan because of rulings it has made.

“That’s troubling to me,” she said.

She specifically cited the 2020 election cases in which former President Donald Trump and others alleged fraud. The court found that there was none.

“We’re not out there searching for [cases like that], they end up on our desk,” Todd said. “We take an oath to the Constitution of the United States and an oath to the commonwealth, and we take that oath very seriously.”

The state Supreme Court does not make its decisions based on politics, she said.

“Our intent is to author a correct decision,” Todd said. “If there’s one thing I could change, it would be the perception that we are Democratic justices or Republican justices.”

In those elections cases, the court rejected claims of fraud — just like nearly every other such case filed across the country — including in federal courts with Republican-appointed judges, Todd noted.

“Nearly every court reached the same decisions we did,” she said. “These were not incredibly difficult legal issues in terms of concluding what the right result was.”

Still, she said, it’s hard to see what she considers to be unfounded criticism and not be able to defend the court and her colleagues.

“Our job is not to seek public approval. Our job is to abide by the Constitution and do justice.”

Legal arguments still favorite part of job

Moving into the role of chief justice will mean additional administrative duties, but Todd said her favorite part of the job remains listening to — and participating in — oral argument.

“We’re privileged to have excellent advocates appear before our court,” she said.

Todd loves the intellectual challenge of reading briefs on complex issues and writing opinions, as well.

“The day-to-day work of a justice is equally interesting,” she said.

Todd, who previously served as president of Pittsburgh Action Against Rape and helped create Allegheny County’s sexual offenses court, said that she plans to continue to work to benefit the public.

She cited her work in creating an elder justice advisory counsel and in working with 25 veterans’ court programs across Pennsylvania.

Her husband, Stephan, a retired Army colonel, serves as a mentor in the Butler County program, where the couple lived, in Cranberry Township, for 25 years.

They moved back to Pittsburgh in the fall and have three children. Alexandra is a morning news anchor in Sioux Falls, S.D.; Whitney is an attorney in Akron, Ohio, and Jason is an English professor in New Orleans.

Todd speaks proudly of all of them.

“A great leader”

Colleagues describe Todd — who is known for a beautiful singing voice — as kind, charming and engaging. And eternally optimistic.

“She is a great leader,” said Allegheny County Common Pleas Judge Jill E. Rangos.

Rangos said that Todd has never been afraid to change her mind if it’s appropriate, but she’s also not afraid to stand her ground when she believes she’s right.

And at every step, Rangos said, Todd shows those around her respect.

Pennsylvania Superior Court Judge Mary Jane Bowes served with Todd on the bench for six years and described her as “never not smiling.”

“She looks for the positivity in every situation,” said Bowes, who serves as the head of the Pitt Law School Alumni Association.

She said her friend and colleague has accomplished all that she has while maintaining equanimity, magnanimity and respect for everyone.

“She is the standard and aspirational goal we can hold up for all of our students — men and women alike,” Bowes said.

Rangos said that Todd’s ascent to the head of Pennsylvania’s court system should be both inspiring and reassuring.

“Although it has taken longer than it should have, Chief Justice Todd has shattered the final glass ceiling in the Pennsylvania legal community.”

“Chief Justice Todd has always been a trailblazer and role model,” said Amy Wildermuth, dean of the University of Pittsburgh School of Law. “Her keen intellect and deep commitment to justice for all, as well as her warmth and humanity have been the hallmarks of her work at every turn; her profound impact on the law and our Commonwealth continues to grow with each day.

In this historic moment as she is installed as the first female Chief Justice of our Commonwealth, we are incredibly proud to call her one of our own.”