Supreme Court won't step into Washington County death penalty cases. Two repeal bills have sat on the House table for six months
The state's high court declined, without explanation, a request to restrict a district attorney's use of capital charges. In the legislature, a Democratic and a Republican bill to end the death penalty cleared committee on party-line votes in April and haven't been called up since.
The Pennsylvania Supreme Court on Friday declined to intervene in how Washington County's district attorney pursues the death penalty, in a two-page order that gave no explanation, WITF and the Pennsylvania Capital-Star reported.
The case matters beyond one county because it raised a question the legislature has also been weighing: how much discretion a single prosecutor has to seek death sentences in a state that hasn't carried one out in decades.
What the court was asked to do
In July 2025, the Atlantic Center for Capital Representation asked the court to restrict District Attorney Jason Walsh's use of capital charges, according to WITF. The petition asked the court to require an out-of-county judge to approve any death sentence his office sought, to appoint a special master to supervise the office, to require consultation with the attorney general's capital unit, and to review every capital case in the county since 2021.
According to the petition, Walsh's office filed notices to seek the death penalty in 11 of the 18 homicide cases it prosecuted since 2021. Those are the petitioners' claims; the court did not rule on them. Walsh did not respond to a request for comment, WITF reported. The Atlantic Center's executive director, Frances Harvey, said the group was "deeply disappointed" by the decision.
What the records add
Two repeal bills, one from each party. House Bill 99, from Rep. Christopher Rabb, a Philadelphia Democrat, would repeal the death penalty. Its 17 co-sponsors are all Democrats. House Bill 888, from Rep. Russ Diamond, a Lebanon County Republican, would do the same. It has 14 co-sponsors: 11 Democrats and three Republicans, Reps. Marla Brown, Joseph D'Orsie and Valerie Gaydos.
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Both cleared committee on party lines. The House Judiciary Committee voted 14-12 on each bill on April 27, 2026 (HB 99 vote, HB 888 vote). On HB 888, the official tally shows all 14 Democrats voting yes and all 12 Republicans voting no, even though the bill's prime sponsor is a Republican. The Altoona Mirror reported both bills moved along party lines.
Then nothing. Both bills were laid on the table the same day, which means they're eligible for a floor vote but haven't been scheduled for one. As of Tuesday, they've been there 183 days.
At the April vote, Diamond said the death penalty "can't be reversed," and Rep. Tim Bonner, a Mercer County Republican, said capital punishment should be reserved for the most heinous crimes, the Altoona Mirror reported. Judiciary Chair Tim Briggs, a Montgomery County Democrat, said he expected bipartisan support for whichever bill reached the floor.
The current state of the death penalty
Gov. Josh Shapiro and former Gov. Tom Wolf both issued moratoriums on executions, and Shapiro called for abolishing the death penalty after taking office in 2023, according to the Altoona Mirror. Pennsylvania's last executions were in the late 1990s. Prosecutors can still seek, and juries can still impose, death sentences.
What happens next
The House has two voting days left this session, Nov. 9 and 10, according to its session calendar. Either bill would also need to pass the Republican-controlled Senate, which has two days scheduled, Nov. 17 and 18 (Senate calendar). Bills that don't pass both chambers by Nov. 30 die.