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

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

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

KDKA also reported that Orenstein was pulled from arraignment hearings in April after suspects facing serious crimes were also granted 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 suspected fentanyl.

Republicans Natalie Mihalek, Jill N. Cooper, Joshua D. Kail, Robert W. Mercuri and Marci Mustello have introduced a co-sponsorship memorandum for their upcoming impeachment resolution for Orenstein as a result of what Republicans call Orenstein’s repeated and deliberate failure to impose reasonable bail and safety conditions on violent offenders.

They cite Orenstein’s decision to not to set bail for Anthony Quesen, a man accused of viciously assaulting and robbing a victim in Point State Park and evading arrest, to walk free on non monetary bail. Not setting bail can still come with other strings for those accused of a crime, however, including mental health treatment, travel restrictions or mandatory drug and alcohol testing.

“Although Quesen was homeless, was charged with several serious violent offenses, and had demonstrated an unmistakable intention of avoiding accountability by attempting to evade arrest, MDJ Orenstein evidently determined that Mr. Quesen did not constitute a flight risk or pose a danger to the community,” Mihalek wrote in her co-sponsorship memorandum. “Predictably, Mr. Quesen not only failed to appear at his court dates, but also committed another violent offense when he attacked and murdered Pennsylvania State Police Liquor Control Enforcement agent Benjamin Brallier, who had been jogging along the Montour Trail in Allegheny County.”

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

Many in the legal field say impeachment isn’t a proper action to take. According to radio station WESA, an NPR affiliate in Pittsburgh, a 2018 analysis of judicial impeachment by NYU’s Brennan Center for Justice found only two state judges have been removed nationwide in the last 25 years, including one in Pennsylvania. That Lancaster County judge was removed for dismissing her own parking tickets and not filing tax returns.

Republicans, however, think Orenstein’s handling of bail in Quesen’s case is worth setting 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 inability to faithfully and responsibly apply the laws of this Commonwealth to protect our communities amounts to a dereliction of duty. Indeed, consistently releasing dangerous violent offenders into the public without considering the potential harm they may cause implies 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 the bench is necessary to prevent further harm and loss of life, uphold judicial standards, and restore confidence in the criminal justice system.”