The Legal Intelligencer's Peter Hall wrote an article that can be found here concerning the rising tensions inside the Luzerne County Courthouse over the expanded investigation into uninsured and under insured motorist cases(UM/UIM).
The FBI subpoenaed about 80 case files April 2 from the Luzerne County Courthouse as part of the agency's investigation into allegations regarding a possible scheme to inflate uninsured motorist/underinsured motorist arbitration awards by having plaintiff-friendly neutral arbitrators assigned to their cases.
Judge Peter Paul Olszewski Jr. handled 12 of the neutral arbitrator appointments -- more than any of the other nine judges on the list except Conahan and Toole.
Of the remaining 27 cases, nine were handled by former judge Ann H. Lokuta, who was removed from the bench by the Pennsylvania Court of Judicial Discipline last year for reasons unrelated to any criminal investigation; seven were handled by Judge Hugh F. Mundy; six by Judge Joseph M. Augello; two by Judge David Lupas; and one each by Judge Thomas F. Burke and President Judge Chester B. Muroski. One case on the list did not include the name of a judge assigned to handle it.
The Law Weekly first reported rumors that federal authorities were investigating alleged case fixing in UM/UIM arbitration cases in February. In the wake of that story, Muroski launched a review of the court's procedures to appoint neutral arbitrators.
Sources later confirmed the FBI's investigation was ongoing.
Well, you know you can click on the link to read the entire article. However let me highlight the following:
According to court records examined by the Law Weekly involving a selected group of 10 major auto insurance companies, plaintiffs lawyers filed petitions to appoint neutral arbitrators on 43 occasions between 1995 and 2008.
In 29 of those cases, the same six law firms represented the plaintiffs. In 13 of the 43 cases, attorneys from the same six firms, all of which market themselves as plaintiffs firms, were also appointed as neutral arbitrators. Twice, there were no records for plaintiffs attorneys. The names of the appointed arbitrators were not recorded in seven cases.
In 22 of the 43 cases, the judge was either Conahan or Ciavarella. There was no record of a judge in two of those cases.
The outcome of arbitration in which the lawyers named participated is not a public record. There is no evidence to suggest that the result of arbitration in the cases examined was improper. Nor is there anything to suggest plaintiffs law firms did anything improper to be appointed neutral arbitrators. Ciavarella and Conahan have not been charged with anything related to allegations of fixing UM/UIM cases.
Showing posts with label Michael Toole. Show all posts
Showing posts with label Michael Toole. Show all posts
Monday, April 13, 2009
Tuesday, March 24, 2009
Judge Michael Toole's Wife Resigns Part Time $47,436 Per Year Job
In what appears to be more fallout from the federal probe into the judiciary of the Luzerne County court system, Donna Toole, wife of Luzerne County Judge Michael T. Toole has resigned from her job as a law clerk for state Superior Court Judge Correale F. Stevens. Dave Janoski writes about this latest episode in today's Citizen's Voice.
“The reason she gave was with all the coverage about her husband — she knows the Superior Court is not involved in any way — she was concerned with appearances,” Stevens said. ”She said she just didn’t want the court questioned.”
Donna Toole, who is an attorney, declined comment. Her husband could not be reached for comment.
As always the disclaimer that neither has been charged with any offenses in connection with the ongoing investigation.
“The reason she gave was with all the coverage about her husband — she knows the Superior Court is not involved in any way — she was concerned with appearances,” Stevens said. ”She said she just didn’t want the court questioned.”
Donna Toole, who is an attorney, declined comment. Her husband could not be reached for comment.
As always the disclaimer that neither has been charged with any offenses in connection with the ongoing investigation.
Friday, March 13, 2009
Judge Michael Toole's Financial Relationships In Question
Veteran reporter Dave Janoski who has been at the forefront reporting on the Luzerne County Judicial probe reveals in an article that Judge Michael Toole did not divulge financial relationships in at least two cases involving a person listed on a financial form as a source of "direct or indirect income".
Luzerne County Judge Michael T. Toole presided over two cases that yielded at least $2 million for the clients of a local attorney with whom he had a financial relationship, public documents show.
Toole listed the Law Office of John D. Nardone as a “direct or indirect source of income” on financial disclosure forms covering 2004 and 2005 that he filed with the state Supreme Court. The forms do not require judges to state the nature of the income or the amount.
Nardone was a plaintiff’s attorney in two cases handled by Toole in 2005. One ended with a settlement of $2 million for Nardone’s client in 2006 before trial, court documents show. The other was settled in 2005, but details of the settlement were not available. Nothing in the court records available in the county Prothonotary’s Office indicates that the financial relationship between Nardone and Toole was revealed to opposing counsel. An attorney in the case that settled for $2 million said he was unaware of the relationship, but declined further comment.
Toole declined comment on the article when approached in his courtroom Thursday morning. He was not in the courthouse Thursday afternoon to answer questions about the Nardone cases. A message left with his tipstaff drew no response. No one answered the door at Toole’s Wilkes-Barre home Thursday afternoon.
Nardone did not return three detailed phone messages left at his Kingston office and Kingston Township home.
Pennsylvania’s court rules require a judge to recuse himself from cases in which he believes he cannot be impartial. But the rules don’t contain an explicit requirement that judges disclose relationships with attorneys.
As I previously reported Judicial Canon No. 7 prevents judges from making contributions to political parties. In addition the Guidelines For Ethical Conduct In Judicial Campaigns reinforces this part.
Canon 7. Judges should refrain from political activity inappropriate to their judicial office.
(1) A judge or a candidate for election to judicial office should not:
(c) solicit funds for or pay an assessment or make a contribution to a political organization or candidate
I found interesting donations from Judge Michael Toole to the Luzerne County Democratic Party and a candidate from 2003.
Recipient Date Amount
Luzerne County Democratic Committee
Wyoming, PA 18644 10/20/2003 $3,050.00
Description: Contribution and ticket for rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 5
Recipient Date Amount
Luzerne County Democratic Committee
Wyoming , PA 18644 5/6/2003 $100.00
Description: Tickets for Rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 3
Go to Top Go to Bottom
67 Expenditure Details 67
Recipient Date Amount
Luzerne County Young Democrats
Wilkes-Barre, PA 18702 4/23/2003 $20.00
Description: Ticket for Rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 2
Go to Top Go to Bottom
68 Expenditure Details 68
Recipient Date Amount
Luzerne County Young Democrats
Wilkes-Barre, PA 18702 9/23/2003 $350.00
Description: Tickets for rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 5
Recipient Date Amount
TOOLE FOR JUDGE COMMITTEE
WILKES-BARRE, PA 18702 12/28/2003 $3,262.73
Description: CONTRIBUTION TO TOOLE FOR JUDGE CONTRIBUTION.
Filer/Payer: TOOLE, PATRICK JUDGE RETENTION COM
I disagree with one conclusion in Janoski's article- "But the rules don’t contain an explicit requirement that judges disclose relationships with attorneys."
Canon 5. Judges should regulate their extra-judicial activities to minimize the risk of conflict with their judicial duties
C. Financial activities.
(1) Judges should refrain from financial and business dealings that tend to reflect adversely on their impartiality, interfere with the proper performance of their judicial duties, exploit their judicial position, or involve them in frequent transactions with lawyers or persons likely to come before the court on which they serve.
Canon 2. Judges should avoid impropriety and the appearance of impropriety in all their activities.
A. Judges should respect and comply with the law and should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. Judges should not allow their family, social, or other relationships to influence their judicial conduct or judgment. They should not lend the prestige of their office to advance the private interests of others; nor should they convey or knowingly permit others to convey the impression that they are in a special position to influence the judge. Judges should not testify voluntarily as a character witness.
Official Note
Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. Judges must avoid all impropriety and appearance of impropriety. They must expect to be the subject of constant public scrutiny. They must therefore accept restrictions on their conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
Luzerne County Judge Michael T. Toole presided over two cases that yielded at least $2 million for the clients of a local attorney with whom he had a financial relationship, public documents show.
Toole listed the Law Office of John D. Nardone as a “direct or indirect source of income” on financial disclosure forms covering 2004 and 2005 that he filed with the state Supreme Court. The forms do not require judges to state the nature of the income or the amount.
Nardone was a plaintiff’s attorney in two cases handled by Toole in 2005. One ended with a settlement of $2 million for Nardone’s client in 2006 before trial, court documents show. The other was settled in 2005, but details of the settlement were not available. Nothing in the court records available in the county Prothonotary’s Office indicates that the financial relationship between Nardone and Toole was revealed to opposing counsel. An attorney in the case that settled for $2 million said he was unaware of the relationship, but declined further comment.
Toole declined comment on the article when approached in his courtroom Thursday morning. He was not in the courthouse Thursday afternoon to answer questions about the Nardone cases. A message left with his tipstaff drew no response. No one answered the door at Toole’s Wilkes-Barre home Thursday afternoon.
Nardone did not return three detailed phone messages left at his Kingston office and Kingston Township home.
Pennsylvania’s court rules require a judge to recuse himself from cases in which he believes he cannot be impartial. But the rules don’t contain an explicit requirement that judges disclose relationships with attorneys.
As I previously reported Judicial Canon No. 7 prevents judges from making contributions to political parties. In addition the Guidelines For Ethical Conduct In Judicial Campaigns reinforces this part.
Canon 7. Judges should refrain from political activity inappropriate to their judicial office.
(1) A judge or a candidate for election to judicial office should not:
(c) solicit funds for or pay an assessment or make a contribution to a political organization or candidate
I found interesting donations from Judge Michael Toole to the Luzerne County Democratic Party and a candidate from 2003.
Recipient Date Amount
Luzerne County Democratic Committee
Wyoming, PA 18644 10/20/2003 $3,050.00
Description: Contribution and ticket for rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 5
Recipient Date Amount
Luzerne County Democratic Committee
Wyoming , PA 18644 5/6/2003 $100.00
Description: Tickets for Rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 3
Go to Top Go to Bottom
67 Expenditure Details 67
Recipient Date Amount
Luzerne County Young Democrats
Wilkes-Barre, PA 18702 4/23/2003 $20.00
Description: Ticket for Rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 2
Go to Top Go to Bottom
68 Expenditure Details 68
Recipient Date Amount
Luzerne County Young Democrats
Wilkes-Barre, PA 18702 9/23/2003 $350.00
Description: Tickets for rally
Filer/Payer: Toole, Michael for Judge Committee
Report: 2003 Cycle 5
Recipient Date Amount
TOOLE FOR JUDGE COMMITTEE
WILKES-BARRE, PA 18702 12/28/2003 $3,262.73
Description: CONTRIBUTION TO TOOLE FOR JUDGE CONTRIBUTION.
Filer/Payer: TOOLE, PATRICK JUDGE RETENTION COM
I disagree with one conclusion in Janoski's article- "But the rules don’t contain an explicit requirement that judges disclose relationships with attorneys."
Canon 5. Judges should regulate their extra-judicial activities to minimize the risk of conflict with their judicial duties
C. Financial activities.
(1) Judges should refrain from financial and business dealings that tend to reflect adversely on their impartiality, interfere with the proper performance of their judicial duties, exploit their judicial position, or involve them in frequent transactions with lawyers or persons likely to come before the court on which they serve.
Canon 2. Judges should avoid impropriety and the appearance of impropriety in all their activities.
A. Judges should respect and comply with the law and should conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. Judges should not allow their family, social, or other relationships to influence their judicial conduct or judgment. They should not lend the prestige of their office to advance the private interests of others; nor should they convey or knowingly permit others to convey the impression that they are in a special position to influence the judge. Judges should not testify voluntarily as a character witness.
Official Note
Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. Judges must avoid all impropriety and appearance of impropriety. They must expect to be the subject of constant public scrutiny. They must therefore accept restrictions on their conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
Thursday, March 12, 2009
Judge Michael Toole Focus Of Investigation
According to the Legal Intelligencer sources close to the federal investigation of the Luzerne County Courthouse leaked that federal authorities have focused on Judge Michael Toole. The article is written by Hank Grezlak And Leo Strupczewski.
March 12, 2009
The focus of the investigation appears to stem from an allegation that Toole may have received a payment from attorney Robert Powell.
The amount allegedly paid to Toole is believed to be substantially less than what Conahan and Ciavarella received, sources said. Those sources either would not, or could not, identify the reason for the alleged payment or the amount.
When asked if Toole had taken a payoff from Powell, one of Powell's attorneys, Mark B. Sheppard, formerly of Sprague & Sprague and now a partner at Montgomery McCracken Walker & Rhoads, said he could not comment.
"It would be inappropriate for our client or I to comment at this time, except to say that Mr. Powell continues to cooperate fully with any investigation," Sheppard said.
Toole did not return a call seeking comment Tuesday. A call to an attorney rumored to be representing Toole was not returned. A call to Martin C. Carlson, the U.S. attorney for the Middle District of Pennsylvania, was not returned.
Luzerne County Common Pleas Court President Judge Chester B. Muroski said he was not aware of any investigation involving Toole.
"I have not been notified by any law enforcement authorities that any such investigation is ongoing," Muroski said.
Muroski, who said last week that he was interviewed by federal investigators concerning court administration issues, would not say if Toole's name had surfaced during questioning.
"I'm not going to discuss any portion of any discussions I've had with law enforcement authorities," he said.
Asked if he ever heard rumors that Toole allegedly accepted payoffs, Muroski responded immediately.
"Never," he said.
The article continues on about past cases involving Powell, Ciavarella, Toole and Judge Olszweski.
The only reported connection between Toole and Powell is a case from 2004 in which the newly elected judge allowed the former co-owner of PA Child Care to continue docking his yacht, "Reel Justice," at a Florida yacht club linked to Conahan and Ciavarella.
Before his election to the bench in 2003, Toole was a partner with Ciavarella at Lowery Ciavarella Rogers and Toole. Court records show that, on at least one occasion, Toole represented The Woodlands Inn & Resort — a hotel on the outskirts of Wilkes-Barre that has ties to D'Elia and that also received a pair of favorable rulings from Conahan in 2000 and 2003. There is no evidence to suggest that the plaintiffs improperly influenced either case.
The resort received another favorable ruling in 2003 from Judge Peter Paul Olszewski Jr. that blocked the construction of a county-owned juvenile detention facility near its property, because it might have scared away prospective guests. The decision essentially paved the way for the construction of PA Child Care.
That is a case federal investigators are looking into, sources have told The Legal. There is no evidence to suggest that the plaintiffs improperly influenced the outcome of the case.
During his time at the firm, Ciavarella represented Robert K. Mericle — the builder of PA Child Care.
Though he was not named in the criminal information filed by federal officials against Ciavarella and Conahan, Mericle's construction company allegedly wired $1 million of the $2.6 million in kickbacks to a company over which the judges had control, according to the criminal information filed against the judges.
A review of Toole's 2003 campaign contributions shows Mericle donated $600.
This news was first brought to light by Zen over at ZensPoliticalRants.com.
March 12, 2009
The focus of the investigation appears to stem from an allegation that Toole may have received a payment from attorney Robert Powell.
The amount allegedly paid to Toole is believed to be substantially less than what Conahan and Ciavarella received, sources said. Those sources either would not, or could not, identify the reason for the alleged payment or the amount.
When asked if Toole had taken a payoff from Powell, one of Powell's attorneys, Mark B. Sheppard, formerly of Sprague & Sprague and now a partner at Montgomery McCracken Walker & Rhoads, said he could not comment.
"It would be inappropriate for our client or I to comment at this time, except to say that Mr. Powell continues to cooperate fully with any investigation," Sheppard said.
Toole did not return a call seeking comment Tuesday. A call to an attorney rumored to be representing Toole was not returned. A call to Martin C. Carlson, the U.S. attorney for the Middle District of Pennsylvania, was not returned.
Luzerne County Common Pleas Court President Judge Chester B. Muroski said he was not aware of any investigation involving Toole.
"I have not been notified by any law enforcement authorities that any such investigation is ongoing," Muroski said.
Muroski, who said last week that he was interviewed by federal investigators concerning court administration issues, would not say if Toole's name had surfaced during questioning.
"I'm not going to discuss any portion of any discussions I've had with law enforcement authorities," he said.
Asked if he ever heard rumors that Toole allegedly accepted payoffs, Muroski responded immediately.
"Never," he said.
The article continues on about past cases involving Powell, Ciavarella, Toole and Judge Olszweski.
The only reported connection between Toole and Powell is a case from 2004 in which the newly elected judge allowed the former co-owner of PA Child Care to continue docking his yacht, "Reel Justice," at a Florida yacht club linked to Conahan and Ciavarella.
Before his election to the bench in 2003, Toole was a partner with Ciavarella at Lowery Ciavarella Rogers and Toole. Court records show that, on at least one occasion, Toole represented The Woodlands Inn & Resort — a hotel on the outskirts of Wilkes-Barre that has ties to D'Elia and that also received a pair of favorable rulings from Conahan in 2000 and 2003. There is no evidence to suggest that the plaintiffs improperly influenced either case.
The resort received another favorable ruling in 2003 from Judge Peter Paul Olszewski Jr. that blocked the construction of a county-owned juvenile detention facility near its property, because it might have scared away prospective guests. The decision essentially paved the way for the construction of PA Child Care.
That is a case federal investigators are looking into, sources have told The Legal. There is no evidence to suggest that the plaintiffs improperly influenced the outcome of the case.
During his time at the firm, Ciavarella represented Robert K. Mericle — the builder of PA Child Care.
Though he was not named in the criminal information filed by federal officials against Ciavarella and Conahan, Mericle's construction company allegedly wired $1 million of the $2.6 million in kickbacks to a company over which the judges had control, according to the criminal information filed against the judges.
A review of Toole's 2003 campaign contributions shows Mericle donated $600.
This news was first brought to light by Zen over at ZensPoliticalRants.com.
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