Latest news with #Brier&Kelly
Yahoo
02-04-2025
- Politics
- Yahoo
Judges schedule arguments in Gaughan, county's legal action
A panel of three senior Lackawanna County judges scheduled oral arguments for April 22 in Democratic Commissioner Bill Gaughan and the county's legal action challenging the now-paused process of replacing former Democratic Commissioner Matt McGloin. Senior Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo will hear those arguments at 9:30 a.m. in Courtroom No. 1 of the county courthouse in downtown Scranton, per a scheduling order Minora issued Wednesday. Briefs from all parties to the issues raised in a March 17 petition county solicitor Donald Frederickson and attorneys with the Scranton law firm Myers, Brier & Kelly filed on behalf of Gaughan and the county must be filed with the court no later than April 14. That petition initiated the legal matter and asks the court to amend a March 6 order on the replacement process so it complies with Pennsylvania Rule of Judicial Administration 1908, effectively removing the Lackawanna County Democratic Committee from the process of filling McGloin's seat for the almost three years remaining on his unexpired term. The March 6 order signed by former county President Judge Trish Corbett maintained a replacement process established by the county's Home Rule Charter that tasks the county Democratic Committee with providing a list of three potential appointees for consideration by the judges of the county court. It's a process that played out controversially in late February, when county Democratic Party leaders used a scoring rubric to shrink a list of 18 applicants to three finalists — former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — before the executive committee voted to advance those candidates to the judges. Corbett's order reset the clock on that process, giving the party five days from the date of the order to furnish the court with three potential appointees. County Democratic Party Chairman Chris Patrick resubmitted Sacco, Baldan and Casey's names to the court the next day. By maintaining the Home Rule Charter process, Gaughan and the county contend Corbett's order violated state Rule of Judicial Administration 1908. That rule, adopted by the state Supreme Court in 2019, says the county court, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. President Judge James Gibbons, who succeeded Corbett as president judge last month, paused the process of replacing McGloin shortly thereafter, staying the March 6 order in light of the legal challenge. Gibbons' rule to show cause gives the county Democratic Committee until April 7 to answer as to why the relief sought by Gaughan and the county shouldn't be granted. Republican Commissioner Chris Chermak, meanwhile, opposes the county's participation in the legal action and recently filed with the court a praecipe to remove the county as a party to the litigation. In a response Monday, attorneys for Gaughan and the county argued that Chermak's court filings are defective 'legal nullities' that should be stricken.
Yahoo
25-03-2025
- Politics
- Yahoo
Chermak's solicitor files request to withdraw county as a party to Gaughan's legal action in vacancy dispute
The solicitor representing Republican Lackawanna County Commissioner Chris Chermak asked in a court filing Monday for the county to be removed as a party to Democratic Commissioner Bill Gaughan's legal action over the now-paused process of replacing former Democratic Commissioner Matt McGloin. Minority solicitor Paul J. LaBelle filed Monday in county court a praecipe to withdraw the county as a petitioner in that matter, a move that reflects and is consistent with Chermak's stated objections to the county's participation in and taxpayers funding the legal challenge. How LaBelle's filing might ultimately impact the case was not immediately clear. It came a week after county solicitor Donald Frederickson and attorneys with the Scranton law firm Myers, Brier & Kelly filed a petition on behalf of Gaughan and the county asking the court to amend a March 6 order on the process of replacing McGloin, who resigned last month. Gaughan and the county specifically seek an amendment bringing the March 6 order into compliance with Pennsylvania Rule of Judicial Administration 1908, effectively removing the Lackawanna County Democratic Committee from the process of filling McGloin's seat for the almost three years remaining on his unexpired term. The order signed by former county President Judge Trish Corbett maintained a replacement procedure established by the county's Home Rule Charter that tasks the county Democratic Committee with providing the names of three potential appointees for consideration by the judges of the county court. That process played out controversially in late February, when county Democratic Party leaders used a scoring rubric to shrink a list of 18 applicants to three finalists — former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — before the executive committee voted to advance those candidates to the judges. Corbett's order reset the clock on that process, giving the party five days from the date of the order to furnish the court with three potential appointees. County Democratic Party Chairman Chris Patrick resubmitted the same three names, those of Sacco, Baldan and Casey, to the court the next day. By maintaining the Home Rule Charter process, Gaughan and the county contend the order violated Pennsylvania Rule of Judicial Administration 1908 that the state Supreme Court adopted in 2019. Rule 1908 says the county court, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. President Judge James Gibbons, who succeeded Corbett as president judge March 17, paused Wednesday the process of replacing McGloin, staying the March 6 order Gaughan and the county challenged. Gibbons' rule to show cause gives the county Democratic Committee until April 7 to answer as to why the relief sought by Gaughan and the county shouldn't be granted. In a subsequent order Friday, Gibbons noted the legal matter will proceed before a panel of Senior Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo, who will hear arguments and rule on issues raised in Gaughan and the county's petition. Those proceedings have yet to be scheduled. Chermak has been adamantly opposed to the county's participation since the petition's filing. 'I'm not going to allow the use of taxpayer dollars (and) I'm not going to allow the use of the county solicitor,' he said last week. 'This is not a county issue. This is a Bill Gaughan issue, so I'm not authorizing it and I didn't authorize this from the start.' Frederickson and LaBelle disagree as to whether Chermak's authorization was necessary for Frederickson to commence legal action on behalf of Gaughan and the county. They debated that point at Wednesday's commissioners meeting. Frederickson argued that section 13302 of the Pennsylvania County Code gives a county solicitor the right to commence litigation in matters involving the county's interest. The appointment process and the question of what should determine it, the Home Rule Charter or Rule 1908, constitutes such a matter, he contends. LaBelle countered that the aforementioned section of the Pennsylvania County Code that Frederickson cited effectively amounts to a 'job description' for county solicitors. It does not authorize a solicitor to take unilateral action without the approval of a majority of the commissioners, which in this case requires Chermak's approval, LeBelle contends. The newspaper asked LaBelle on Monday if he can unilaterally move to have the county removed as a party to the legal action. 'Well, let me use the Socratic method,' LaBelle responded. 'Can Commissioner Gaughan unilaterally put the county into a lawsuit?' Efforts to reach Frederickson on Monday were not immediately successful.
Yahoo
22-03-2025
- Politics
- Yahoo
Panel of senior judges to oversee proceedings in legal action over McGloin replacement process
A panel of three senior Lackawanna County judges will handle proceedings in the legal action brought by Democratic Commissioner Bill Gaughan and the county over the now-paused process of filling former Democratic Commissioner Matt McGloin's vacant seat. County President Judge James Gibbons issued an order Friday noting the matter will proceed before a panel of Senior Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo, who will hear arguments and rule on issues raised in a petition that county solicitor Donald Frederickson and attorneys with the Scranton law firm Myers, Brier & Kelly filed Monday on behalf of Gaughan and the county. That petition asks the court to amend a March 6 order on the replacement process so it complies with Pennsylvania Rule of Judicial Administration 1908, effectively removing the Lackawanna County Democratic Committee from the process of filling McGloin's seat for the almost three years remaining on his unexpired term. The March 6 order signed by former county President Judge Trish Corbett maintained a replacement process established by the county's Home Rule Charter that tasks the county Democratic Committee with providing a list of three potential appointees for consideration by the judges of the county court. It's a process that played out controversially last month, when county Democratic Party leaders used a scoring rubric to shrink a list of 18 applicants to three finalists — former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — before the executive committee voted to advance those candidates to the judges. Corbett's order reset the clock on that process, giving the party five days from the date of the order to furnish the court with three potential appointees. County Democratic Party Chairman Chris Patrick resubmitted the same three names, those of Sacco, Baldan and Casey, to the court the next day. By maintaining the Home Rule Charter process, Gaughan and the county contend the order violated Pennsylvania Rule of Judicial Administration 1908. Adopted by the state Supreme Court in 2019, that rule says the county court, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. Gibbons, who succeeded Corbett as president judge Monday, paused Wednesday the process of replacing McGloin, staying the March 6 order Gaughan and the county challenged. He issued a rule to show cause giving the county Democratic Committee until April 7 to answer as to why the relief sought by Gaughan and the county shouldn't be granted. In his Friday order, Gibbons noted that under both the Home Rule Charter and Rule 1908 'the Commissioned Judges of this Court are charged with filling this vacancy.' 'Prudence suggests that the determination as to which process controls should be in the hands of those not involved with the appointment of a successor Commissioner itself,' he wrote. The three-judge panel of Senior Judges Minora, Mazzoni and Geroulo will accordingly handle the matter and schedule proceedings in accordance with its availability, Gibbons' order notes. Gaughan, who last month introduced Dunmore Mayor Mark 'Max' Conway Jr. as his preferred choice to succeed McGloin, has sharply criticized the Democratic Committee's replacement process as opaque and politically tainted. Patrick, the county Democratic chairman, has repeatedly defended the process the committee employed.
