What Is Wrong With Our Judiciary??

If the fiasco with Ann Lokuta and Richard Sprague isn't enough to warrant a full scale explanation..witness this unbelievable fiasco involving the judge sent to take Michael T. Toole's place as reported by the Citizen's Voice.

Senior Judge C. Joseph Rehkamp, 61, faces charges of simple assault and harassment. Rehkamp allegedly got into a verbal argument with his wife Valerie on Saturday around 8:34 p.m. in their Plymouth Township home, state police at Wyoming report.

The argument turned physical, and police said Rehkamp pushed the victim down, slamming her into a chair, then placed both hands on her neck and began choking her until a third party interrupted. Rehkamp then fled the scene.

Judge Thomas Burke New President Judge In Luzerne County

Times Leader Photo- Judge Burke
This morning a real good event happened at the Luzerne County Courthouse. Judge Thomas Burke was unanimously chosen to be the new President Judge at the courthouse according to the Time Leader. He replace Judge Chester Muroski who was forced by law to retire at the end of 2009. SOP has heard nothing but praise for Judge Burke's work on the bench by those who know him well. Good Luck to the Luzerne County Judiciary in the coming year.

Forty Fort Attorney Joseph Cosgrove Recommended For Luzerne County Judicial Seat

The Times Leader is reporting that Governor Ed Rendell has nominated Attorney Joseph Cosgrove to fill the vacancy caused by the departure of disgraced former judge Mark Ciavarella.

From Rendell's press release:

“Joe Cosgrove is a highly intelligent and very accomplished lawyer and litigator, who has distinguished himself in the field of law as well as the general community,” Governor Rendell said. “He is an educator, a legal scholar, and a man held in very high regard by his colleagues. His nomination stands as assurance to the people to the LuzerneCounty that I am determined to appoint judges who are persons of experience, intellect and integrity.”

Cosgrove has been in private law practice since 1982. Prior to that, he was a law clerk in the Superior Court of Pennsylvania, a Luzerne County Assistant Public Defender, and Luzerne County Conflict Counsel.

He has also been an adjunct faculty member at King’s College in Wilkes Barre, teaching Constitutional Law and Civil Rights. In addition, he is a member of the Criminal Justice Act Panel of the U.S. District Court for the Middle District of Pennsylvania.

Cosgrove holds a Bachelor of Arts in Government and International Studies, a Master of Arts in Theology, and a Juris Doctorate; all from the University of Notre Dame. He also earned a Master of Studio Arts degree from MarywoodCollege in Scranton.

He is a past president of the Luzerne County Bar Association, of the Pennsylvania Association of Criminal Defense Lawyers, and a past chair of the Luzerne County Board of Elections.

Cosgrove has been a member of numerous legal advisory committees on the local, state and U.S. Appeal Court levels.

Toole's Action Identify A Host of Problems

"The basic tool for the manipulation of reality is the manipulation of words."- Philip K. Dick

Paper trails are a hard thing to hide. The Bonusgate players are finding that tenent a harsh reality. However, Judge Michael Toole is not leaving a paper trail but a cataclysmic trial trail the size and devastation associated with Chernobyl.

The latest news concerns the fact that disgraced Judge Toole continued to hear cases after he agreed to a plea deal with the FBI. According to Mark Guydish's column in the Times Leader the potential fallout is an unknown number at this point.

A partial review of Toole’s docket showed he had about 200 people – and probably quite a few more – appear before him since he signed the plea agreement Sept. 25. At times he had as many as 25 in a single day of rapid-fire guilty pleas, pre-arranged by attorneys...... the fact that Judge Michael Toole continued adjudicating for weeks after signing a plea agreement on corruption charges sits like a ticking time bomb with a potential no one can predict.

Toole worked at disgraced former Judge Ciavarella's law firm where he picked up some other fairly prominent government assignments. Maybe he picked up some bad habits there, too.

The same attorney names keep popping up in the Toole saga, Harry Cardoni and John Nardone. The latest news concerns an arbitration case where both names are involved. There is an allegation that an arbitrator was accused of improperly providing information to one of the litigants.

In addition to that case it has also been revealed that the two attorneys own a business together, Carnar Realty Company.

Records show Cardoni also sold a property on Reliance Drive in Wilkes-Barre to Doug and Sandra Namey Richards. Doug Richards was terminated at county human resources director Nov. 18 for failing to answer the administration’s questions about Continental Consultants Group, a company under investigation by federal agents.

Ther person who must really be pissed in this whole situation is Judge Chester Muroski. Toole put in for a "vacation request" after he signed his plea deal. Muroski talked to the media and said he has consulted with state officials and has determined that Judge Michael Toole’s decision to take a few weeks off for vacation is within the reasonable standard for judges....Toole notified Muroski last week that he will be on vacation for the next "few weeks." Uhh..Judge Toole make that the next few years.

With all of the public corruption brought to light in Luzerne County it only justifies this statement contained in A Report Released By Corporate Crime Reporter to the National Press Club in Washington D.C. on January 16, 2004,"....if a public official wants to violate his or her trust, the laws don’t stand in the way.

Luzerne County Judge Race and Retention Interviews/Video

The Times Leader posted its candidate interviews conducted in October, 2009. In the interest to educate and pass on as much information as possible for the voters here are the links. I had the pleasure of meeting Judge Olszewski last evening. He is energetic and willing to pound the pavement to keep his seat. Will he keep his seat is another story where only election day will play it out.

Walter Griffith is included in this article so I posted his video here as well. I believe Griffith is going to win and be an excellent choice for Luzerne County Controller. But then again, this is a conservative blog, right Gort??

Judge Peter Paul Olszewski - Retention interview
Judge Tom Burke - Retention interview
Bill Amesbury - Candidate interview video
Richard Hughes - Candidate interview video
Tina Polachek Gartley - Candidate interview video
Walter Griffith - Candidate interview video
Bob Morgan - Candidate interview video
Wil Toole - Candidate interview video

48 New Charges Only Further Embarrasses Luzerne County Court

A federal grand jury has issued an indictment against former judges Mark Ciavarella and Michael Conahan, charging them with racketeering racketeering, fraud, money laundering, extortion, bribery and federal tax violations and that they received millions of dollars in illegal payments in connection with alleged improper actions to facilitate the construction and operation of juvenile detention facilities owned by Pa and Western Pa child care.

The Times Leader is carrying the story here. The Citizen's Voice is carry the news release from the U.S. Attorney's office.

A disclaimer from the U.S. Attorney. An Indictment or Information is not evidence of guilt but simply a description of the charge made by the Grand Jury and/or United States Attorney against a defendant. A charged Defendant is presumed innocent until a jury returns a unanimous finding that the United States has proven the defendant’s guilt beyond a reasonable doubt or until the defendant has pled guilty to the
charges.

Ciavarella- Shame Shame Shame Chain Of Fools

"You can't imagine how it bothers me because juvenile court was a passion to me. It wasn't something where I was looking to hurt a child, I was looking to help each and every one of those kids who came in front of me. Maybe they didn't like the way I helped them but I was doing what I thought was appropriate and right for them,"

"I mean, I had the greatest job in the world. It was the best job anybody could ever have and I screwed it up. I the one who did it. I have myself to blame for that, nobody else. I'm sorry that I brought such shame to the bench. There's a lot of good people who sit on the Luzerne County Court of Common Pleas who don't deserve to be tarnished by what I did. Unfortunately they do get tarnished for that and that's wrong. They didn't do anything wrong. I did, they didn't," the former judge added. "I pled guilty to an honest service fraud, pled guilty to some tax matters. I did not plead guilty to cash for kids or quid pro quo or extortion."

"I didn't do anything wrong relative to any juvenile. I never took a dime for sending a kid away. All I ever did is what I thought was in the best interest of that child," said Ciavarella. "I devoted 13 years of my life to that court. I loved the juvenile court. I loved helping those kids. I would never do anything to hurt a child. That's just not my, that's not what I do. That's not me. I was always there for those kids and I resent the fact that people think I did something improper. I didn't do anything improper when it came to the care of those kids."

"I don't know if things in Luzerne County are as bad as the press has depicted them to be. I don't think there's this mass corruption.

If I were Ciavarella I would stop talking. Brains should engage before mouth opens.

Tick, Tick, Tick, Booooom!

Hank Grezlak, editor-in-chief of The Legal Intelligencer writes a great opinion piece titled "Lokuta's Case Is a Potential Bomb for the Supreme Court." It is too volumunous to highlight here so click on the link; it's a superb article.

From the Citizens Voice

The Pennsylvania Supreme Court ordered an evidentiary hearing into an alleged case-fixing allegation involving disgraced Judges Conahan and Ciavarella. Dave Janoski writes the story in today's Citizens Voice.

The Citizens’ Voice will get a hearing on evidence of alleged case-fixing in a $3.5 million defamation verdict against the newspaper handed down by former Luzerne County Judge Mark A. Ciavarella Jr., the state Supreme Court ruled Tuesday.

The court named Lehigh County President Judge William H. Platt to hold a hearing “as soon as practically possible” and ordered him to recommend whether the newspaper should be granted relief, possibly including a new trial.

D’Elia associate Robert J. Kulick, a convicted felon awaiting sentencing on a federal firearms charge, gave a sworn declaration to attorneys for the newspaper in February alleging that he, D’Elia and Conahan met twice a month in an unnamed Wilkes-Barre restaurant to discuss pending court cases for nearly eight years. Kulick said Conahan acted on his requests to give a “fair shake” to plaintiffs Kulick supported in cases handled by Conahan and other, unnamed judges.



Read the Order
Read Kulick's declaration

Grand Jury Looks At Wilkes Barre School District

Wilkes-Barre Area School District Superintendent Jeff Namey went before a grand jury yesterday looking into the hiring practices of the Wilkes-Barre Area School District. According to Jerry Lynott at the Times Leader Namey entered with a folder under his arm and left empty handed.

Speaking to reporters outside the courthouse, Namey said he “went in and had to provide some information and that’s exactly what I did.” He estimated he was before the panel for 25 to 30 minutes.

He was seen outside the grand jury room around 9:35 a.m. and again in the hallway near the room’s entrances at approximately 11:25 a.m.

Two men left the room about an hour before Namey, but would not answer questions or identify themselves.

When reached later in the afternoon, Namey said no one else from the district went before the grand jury Tuesday.

As he left the courthouse, Namey spoke to reporters and shed light on other matters related and unrelated to his appearance.

Within the past two weeks, FBI agents interviewed district employees, Namey said. “It’s common knowledge that they spoke to a couple of teachers.”

Federal investigators are conducting a separate investigation into the Wilkes-Barre Area Vocational Technical School, according to Namey. “I have some knowledge, but I can’t comment,” he said.

Dave Janoski at the Citizen's Voice who is doing a yeoman's job covering the Luzerne County Courthouse investigation and prosecution recorded this comment in his article today.

Namey, who appeared in federal court in Scranton without an attorney, said it was his first time testifying before a grand jury. “It was not pleasant,” he told news reporters afterward.

“I was asked to provide some information and that’s exactly what I did,” Namey said. “If anything inappropriate occurred, there needs to be a consequence.”

Interesting Exchange In Judge Ann Lokuta's Application For Supersedas, Stay, And Extraordinary Relief

The following statements were contained in Judge Ann Lokuta's Motion for Supersedas, Stay, And Extraoridary Relief before the Pennsylvania Supreme Court found on the Citizen's Voice website.

4. Lokuta testified at her Trial before the Court of Judicial Discipline that she initiated contact with the United States Attorney and the Federal Bureau of Investigation concerning irregularities that she witnessed with respect to the Judicial operations and functions taking place in the 11th Judicial District. [N.T., 1-14-08, pp. 2861-2862].

A. In fact, during her deposition taken on August 25, 2006, by Deputy
Counsel for the Judicial Conduct Board, Lokuta specifically informed
Atty. Puskas, through her then Counsel, the areas that she was looking at
concerning the interrelationship between Judge Conahan, Judge
Ciavarella, and other Courthouse employees, and the impact it had over
Lokuta’s ability to function as a Judge in the 11th Judicial District:
The following exchange took place:
MR. STRETTON: I can tell you, having served as the solicitor for the
Prothonotary up there and as the solicitor for the Controller, I see
the control that Conahan has and I’ve seen what he’s done up
there.
And I was there when lawyers called Steve Flood and said,
“Judge Conahan called us and said, ‘If you give him one penny in
his campaign, you will not win another case in this county’”
MR. PUSKAS: Okay.
MR. STRETTON: So I want you to understand that this is not the
normal County.
MR. PUSKAS: I understand that.
MR. STRETTON: This is a county where I issued subpoenas for the
Controller to get evidence on Conahan and Ciavarella on the
judicial–the Juvenile Justice Center and problems there. We had a
hearing with Judge Toole, Jr., and he never acted on it, and it sat
there for a whole nine months until Flood went out of office.
[Deposition of Lokuta, August 25, 2006, at p. 167, lines 2-25].
B. Later in Lokuta’s Deposition of August 25, 2006, in an attempt to explain
how her Judicial role was being marginalized to the point that she was not
able to function based upon the control and actions of then President Judge
Conahan, another exchange relative to what was being reviewed by
Lokuta’s Counsel took place:
“...LOKUTA: So when you say you can’t understand this, let me suggest
to you sir, that it’s pretty apparent what goes on in this district.
MR. STRETTON: And I just want–
MR. PUSKAS: I appreciate –
MR. STRETTON: – to add, before we go any further, – because I know
this summer, last summer, Judge Muroski approached me through
Steve Flood and asked to testify at the Controller’s hearing. He
asked me to give him a Controller’s subpoena. We had set the
hearings up and he was going to testify about the problems with
the Juvenile Justice Center, which is the baby of Ciavarella and
Conahan.
MR. PUSKAS. Okay.
MR. STRETTON: A week before that I get a call from Taylor Williams, a
very close friend of mine from the Court–AOPC’s counsel’s office.
She said, “Sam, Judge Muroski has retained me. He’s extremely
upset that you issued this subpoena. We’re going to move to quash
it.”.
I told Taylor, I said, “Taylor, I’ll withdraw the subpoena.
He asked me to give it to him.” I said, “What’s going on?”
And Judge Conahan gave Judge Muroski his chambers, allotted
$30,000 of repairs, and Judge Muroski won’t talk to us anymore.
I want you to see what’s happening to people up there,
‘cause your whole tone here has been, well, you say this, but all
these other people say that.
I’m going to tell you–and if we get to trial on this, I know
where the bodies are buried up there, and you’re gonna see the
same thing is happening to each person, I suspect.
And that’s why people are giving versions, because they’re
offered things like Susan Weber is, even though she’s totally not
competent to do her job.
I want you to see that though. You’ve got to live through it
to appreciate it.
MR. PUSKAS: I understand that, Sam. I understand what you’re saying,
and I understand what Judge Lokuta’s saying.
MR. PUSKAS: My point is this, is that what you’re describing is an
atmosphere in this county that’s making it difficult–this is your
perspective–to function as a judge.
MR. STRETTON: It makes people lie.
MR. PUSKAS: And what I’m saying here is, these are complaints we are
investigating, and the complaints we are investigating by and large
deal with Judge Lokuta’s behavior against other people.
MR. STRETTON: But every one of them have benefitted.
[Deposition of Lokuta, August 25, 2006, at pp. 178, lines16-25, p. 179,
lines 1-25, p. 180, lines 1-18]. [Lokuta’s Deposition are attached hereto as
Exhibit “B” and incorporated herein by reference]

Altoona Decision May Have Implications For Luzerne County Judges

A story that appeared in today's Altoona Mirror by Phil Ray may have implications regarding the juvenile court cases filed against the disgraced judges in Luzerne County.

State office:?Man can’t sue Drug Court judge

HOLLIDAYSBURG - The Administrative Office of Pennsylvania Courts said an Altoona man cannot sue the administrative judge in charge of Blair County Drug Court over a decision to fund an abortion for a program participant.

The state court's office replied by asking that Bowers' petition be dismissed because of the concept of "sovereign immunity."

It is also contended that the Pennsylvania Supreme Court is the only entity that has the power to investigate "the practice, procedure and the conduct of all courts."

Bowers also filed a right-to-know request to view the minutes of the review team. That request was denied because judicial records are not subject to the new state law, Sullivan said.

I thought there was a lesson learned in Luzerne County with regards to secrecy and the courts. The Supreme Court should not hold itself higher than the people it represents.

In today's Allentown Morning Call Chief Justice Ron Castille opines about the Luzerne County judges' situation.

As leader of the Pennsylvania court system, my top goal is for the citizens of this commonwealth to trust their judges, and for judges at every level to deserve that trust.

The Supreme Court also is gravely concerned about broad damage to the court system and is prepared to take whatever steps are necessary to restore public confidence in the judicial system in Luzerne County.

Your honor, respectfully, don't hide your records. It would be a start towards regaining trust. Next, explain how Richard Sprague can be the President Judge of the Court of Judicial Discipline, be an attorney in private practice who may have to go up against judges he may have to face when brought before him in that capacity and represent lawyers charged with crimes. Why didn't he need to recuse himself during Judge Ann Lokuta's trial when it was alleged he represented PA ChildCare and Robert Powell? It may be entirely within the parameters of the system but you need to explain it to the non-legal professionals so that it makes sense.

Alleged Mob Associate- The Feds Are Taking A Peak

Who said Al Capone died? Well, we know he did but his style, his legend still live on. In another twist of irony an alleged mobster is tied to the recent case files subpoened by the Feds investigation the shenanigans at the Luzerne County courthouse.
Read Dave Janoski's piece from the Citizensvoice.com website detailing how alleged mob associate Robert Kulick's name appears in one of the 79 cases seized by the Feds.

Analysis: Rules Ignored In Picking Arbitrators

The Citizen's Voice features an article today written by Michael Sisak and Dave Janoski highlighting the process, or lack thereof, for picking arbitrators in the Luzerne County court system, past not present.

The Luzerne County court records subpoenaed last week by federal investigators contain evidence that some attorneys and judges skirted customary court procedures when it came to naming arbitrators in certain insurance cases, President Judge Chester B. Muroski said.

In some of the cases, judges presented with petitions to name neutral arbitrators issued orders setting up hearings on the petitions in their own courtrooms rather than in miscellaneous court, a court that decides motions in cases that have not been assigned to a particular judge for trial, Muroski said.

“There are instances in which (the notices) were changed, in that the line that usually appears listing the case with miscellaneous court was changed to allow the case to go to the judge who signed the (notice),” Muroski said.

Muroski said that in his discussions with the FBI, agents did not divulge information about “any judges under scrutiny or not under scrutiny.”

Baker, Yudichak "Halt That Pension Request"

Area legislators want to halt Ciavarella's pension request. Bill O'Boyle of the Times Leader wrote a story today about the efforts of Senator Lisa Baker and Representative John Yudichak.

State Sen. Lisa Baker and state Rep. John Yudichak have asked the State Employees’ Retirement System to “use all of its powers” to freeze former Luzerne County President Judge Mark Ciavarella’s pension request.

In a letter dated April 2 to Nicholas J. Maiale, chairman of the state agency, Baker and Yudichak said they “respectfully urge in the strongest possible terms” that Ciavarella’s request be denied.

“This disgraced judge is arrogant and continues to show contemptible behavior,” Baker said Thursday. “He doesn’t get it.”

Now let's count. 5, 4, 3, 2, yep in keeping with history it will probably be about two days when Todd Eachus announces a request to halt the pension. His silence and being two steps behind on this matter is deafening to the conscience. Of course, he was more concerned with partisan politics in asking Attorney Tom Corbett to step down in the midst of one of the biggest public corruption investigations in the history of Pennsylvania. Probably makes sense to someone, just not me.

Even The Best Get Stumped

John Micek wrote a piece this morning on Democratic Rep. Todd Eachus's efforts to introduce legislation that would require courts to provide representation to juveniles in delinquency or truancy proceedings.

He wrote it before he was reminded that Republican Senator Lisa Baker already made her announcement to do the exact same thing two days ago.

She scheduled a news conference for 11:30A.M. this morning to make the announcement. I thought she would appreciate the banner.

Ciavarella Displays Judicial Chutzpah

In what I would describe is judicial chutzpah Mark Ciavarella has filed a motion seeking dismissal of at least one federal lawsuit filed against him by juveniles who seek compensation for allegedly being unjustly sent to a juvenile detention center. The story is featured on the late edition of the Times Leader.com

Ciavarella cites case law that says judges are not liable for civil actions for judicial acts, even when such acts exceeded their jurisdiction or were alleged to have been done "maliciously and corruptly."

His demeanor on 20/20 appeared arrogant to most viewers including this one. The Hebrew word would be "khatsuf". To openly admit that he could be corrupt and not be sued for his actions offends the descent conscience of any man or woman. You can read Ciavarella's Motion to Dimiss by clicking here. To deny these children from being made whole is reprehensible.

Ciavarella cites this case from 1871 as prescedent for his position.-Bradley v. Fisher, 80 U.S. 13 Wall. 335 335 (1871)

On a related note a caller to Steve Corbett this evening stated that Luzerne County has $2 million in liability coverage with a $50,000.00 deductible. If Luzerne County lost in a lawsuit and the damages exceed $2 million the county would have to float a bond to make the payment according to information the caller received from Luzerne County Commissioner Steve Urban.

Luzerne County And Probation Official Added As Defendents In One Juvenile Lawsuit

Luzerne County and another former probation department official had their names added as defendants in one of three lawsuits filed in connection with the juvenile rights violations in Luzerne County.

Terry Morgan-Besecker chronicles this latest saga in today's Times Leader.

Attorney Barry Dyller on Monday filed an amended complaint, alleging the county is partly liable because Ciavarella and Conahan were the highest office holders in the county, therefore their decisions constituted county “policy and custom.”

The suit also places part of the blame on the late Michael Loughney, a former chief probation officer, alleging that he and his predecessor, Sandra Brulo, bowed to pressure from the judges and failed to take action to prevent them from violating juveniles’ constitutional rights.

Adding Luzerne County may not work out as well as this attorney sees it. Both judges were employees of the state, not the county. But that is for a court to determine as these cases meander through the legal process.

But county solicitor Vito DeLuca said he believes Dyller is advancing a “novel theory” and the county will have a strong legal basis to seek dismissal from the complaint.

“We had absolutely no supervisory capacity in any shape or form over the judges. We had no right to discipline them and had no right or ability to change policies they instituted,” DeLuca said.

Judges Says Donations Aren't Considered In Court Cases

Do campaign contributions donated to Luzerne County judicial candidates or sitting judges seeking retention affect the way they rule in court cases? Jennifer Learn-Andes posed a question to five of seven sitting judges to seek the answer. You will find her report in today's Times Leader.

Two lawyers appear in court. One donated thousands to the judge’s campaign and the other gave nothing. Will they be treated the same?

Absolutely, say five of the seven elected Luzerne County judges who accepted campaign donations from lawyers.

But getting people to believe that is a problem, said Shira Goodman, co-director of the nonprofit Pennsylvanians for Modern Courts.

There’s a growing public perception in Pennsylvania and nationally that judges can’t simply be impartial with donors who helped them get elected or pay off campaign debt, Goodman said.

“With the courts, perception is reality. Even if that perception is wrong, people don’t think they’re getting a fair shake. That undermines the whole system,” Goodman said.

“You don’t want anyone to say, ‘I wonder if my lawyer gave money to the judge.’ ”

My personal belief is that campaign donations should be limited. Attorneys like Mike Butera just don't seem to get it. Jerry Lynott of the Times Leader writes the following information in his story yesterday.

When attorney Michael Butera learned the campaign committee to retain Luzerne County Judge Michael Conahan was accepting donations from members of the bar in 2003, he contributed $10,000.

The contribution came nearly a year after Conahan awarded Butera $931,452 in a non-jury trial for injuries suffered in a bicycle accident.

It was the largest single amount the Hughestown attorney said he gave to a candidate and was totally voluntary.

It raises no concerns for me,” Butera said Friday. “Judge Conahan never asked me for a penny.” It may not raise a concern for you Mike, but it certainly taints the public's perception of the judiciary and would appear to cast doubt, something the Judicial Canons try to address.

Previously I wrote how former Judge Ciavarella donated $12,500.00 to the Luzerne County Democratic Party during his retention campaign. How does a Republican feel if he would go before Ciavarella? Would he/she stand a chance? Ask Lou Barletta when Ciavarella ruled on the address of Michael Marsicano during his mayoral campaign in 2007.

BREAKING NEWS- State Supreme Court Wants Monthly Progess Reports From Muroski

The Citizen's Voice is reporting that the Chief Justice of Pennsylvania has asked Luzerne County President Judge Chester B. Muroski to submit monthly progress reports on improvements being made in the county court system.

"What has happened in the recent past is disheartening to all of us as jurists at every level in our Unified Judicial System," Chief Justice Castille wrote in a letter to Muroski.

A link to the letter.