Pa. Supreme Court rules against Philadelphia DA in SEPTA special prosecutor case

The court upheld a lower court decision that denied a challenge from District Attorney Larry Krasner

PHILADELPHIA — The Pennsylvania Supreme Court has upheld a state law creating a mass transit prosecutor for SEPTA-related crimes, rejecting a constitutional challenge from the Philadelphia District Attorney Larry Krasner.

The dispute stemmed from the passage of Act 40 of 2023, which authorized a prosecutor focused on crimes involving SEPTA riders, employees and property. The prosecutor’s office works with Philadelphia police, SEPTA police and other partners, according to the Attorney General’s Office.

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The Philadelphia District Attorney’s Office challenged the law, arguing that Act 40 violated the Pennsylvania Constitution. The Commonwealth Court rejected the challenge in 2024, a ruling which Krasner then appealed to the state Supreme Court.

On Thursday, the Pa. Supreme Court ruled that the Krasner’s office failed to establish that Act 40 violated the state constitution.

Pennsylvania Attorney General Dave Sunday celebrated the ruling.

“Our position from the start has been that this legislative action was warranted and within the bounds of the law and has paid great dividends in holding violent offenders accountable for their actions on and around SEPTA vehicles,” Sunday said.

Sunday said the office has prosecuted people accused of killings, assaults, gun violence and theft involving SEPTA.

“Our mass transit prosecutor will continue to prosecute criminals who have killed and assaulted other individuals, perpetrated acts of gun violence, and stolen SEPTA property,” Sunday said.

Despite the ruling, the future of the law remains unclear. The law sunsets at the end of 2026, meaning lawmakers would have to act to extend the mass transit prosecutor beyond this year. 

Sunday urged the Legislature to keep the position in place in 2027, citing the office’s work on SEPTA-related cases.

“We believe we have played a constructive role in making SEPTA safer and, with its legality affirmed by the court, would recommend an extension of the mass transit prosecutor into next year by the legislature,” Sunday said.

Sen. Wayne Langerholc (R-Cambria), who sponsored Act 40 in the state Senate, called the ruling a “win for the rule of law.”

The Philadelphia District Attorney’s Office did not respond to a request for comment on the ruling.