While Pennsylvania Supreme Court Justice J. Michael Eakin said he thinks the high court would have the power to appoint an interim justice to fill the spot of suspended Justice Joan Orie Melvin, he said he does not think the court will do it as a "separation of power issue."

Eakin, who was speaking Monday at a meeting of the Philadelphia Bar Association’s appellate courts committee, said that the court does not want to get into the position of pre-empting Governor Tom Corbett from appointing a justice with confirmation by the state Senate or "ticking" Corbett off.