Latest news with #PennsylvaniaRuleofJudicialAdministration
Yahoo
23-04-2025
- Politics
- Yahoo
Judges hear oral arguments in legal fight over McGloin vacancy
SCRANTON — A panel of senior Lackawanna County judges heard oral arguments Tuesday in the legal battle Democratic Commissioner Bill Gaughan and the county initiated last month seeking to remove the Lackawanna County Democratic Committee from the process of replacing former Democratic Commissioner Matt McGloin. Senior county Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo, who are collectively presiding over the legal matter, also heard arguments as to whether Gaughan and the county have standing to bring the civil case, whether county solicitor Donald Frederickson required authorization from a majority of commissioners to commence the litigation and whether the county should be removed as a party to it altogether. Tuesday's proceedings came more than a month after Frederickson and attorneys with the Scranton law firm Myers, Brier & Kelly filed a petition on behalf of Gaughan and the county asking the county Court of Common Pleas to amend a March 6 order on the process of replacing McGloin, who resigned in late February. Those parties specifically seek an amendment bringing the March 6 order into compliance with Pennsylvania Rule of Judicial Administration 1908, which would effectively remove the county Democratic Committee from the process of filling McGloin's seat for the almost three years remaining on his unexpired term. Lackawanna County Majority Commissioner Matt McGloin speaks during the budget hearing in the Lackawanna County Government Center in Scranton Wednesday, Nov. 20, 2024. The March 6 order signed by former county President Judge Trish Corbett maintained a replacement procedure established by the county's Home Rule Charter that tasks the Democratic Committee with providing the names of three potential appointees for consideration by the judges of the county court. The HRC process played out in late February when county Democratic Party leaders used a scoring rubric to narrow 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 to the court the next day. By maintaining the HRC process, Gaughan and the county contend the March 6 order violated Pennsylvania Rule of Judicial Administration 1908, adopted by the state Supreme Court in 2019, which 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 the process of replacing McGloin pending resolution of the legal challenge. He also assigned the matter to the panel of senior judges Minora, Mazzoni and Geroulo. Before hearing arguments on the merits of the case — whether the process established by the HRC or the alternative process pursuant to Rule 1908 controls the replacement — the judges heard arguments for and against Republican Commissioner Chris Chermak's effort to remove the county as a party to the litigation. Chermak is opposed to the use of taxpayer money or county personnel to argue what he's described as a 'Bill Gaughan issue,' not a county issue. Representing Chermak on Tuesday were attorneys Paul J. LaBelle, the county's minority solicitor, and Howard Rothenberg. They contend Gaughan as a commissioner and the county lacked the authority to initiate the litigation without Chermak's approval. Attorney Adam Bonin, representing the county Democratic Committee, also argued that Gaughan lacks standing as a commissioner, as he can't be appointed to the vacant seat by virtue of the fact that he's already a sitting commissioner. Lackawanna County minority solicitor Paul J. LaBelle has a conversation next to county Solicitor Donald Frederickson before the commissioners' meeting in the county Government Center on Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER) Attorney Dan Brier of the MBK firm, representing Gaughan and the county, argued among other points that Frederickson as county solicitor had a statutory duty to bring the litigation because the county has a legal interest in the matter. That interest, Frederickson said after the court session, is getting the appointment process right. Gaughan also has an immediate, direct and substantial interest in that respect, his attorneys contend. Rothenberg argued that the petitioners were confusing the concepts of duty and authority. Frederickson as the solicitor 'may have duties,' Rothenberg said, 'but he needs authority to act' — authority Chermak never granted. Chermak and his attorneys didn't take a position on the question of whether the Home Rule Charter or Rule 1908 should control the process of filling McGloin's vacant seat — a question Brier and Bonin addressed at length. The former argued that Rule 1908, adopted by the state Supreme Court, trumps the HRC, pointing to a section of the state constitution addressing judicial administration. That section gives the state Supreme Court the power to 'prescribe general rules of governing practice, procedure and the conduct of all courts' and notes that all laws 'shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions.' Because the HRC process is inconsistent with Rule 1908, it should be suspended and superseded by Rule 1908 on constitutional grounds, Brier contends. But Bonin contends the question of how to fill a vacancy on the Lackawanna County Board of Commissioners is not a judicial matter, but a legislative one — essentially a policy decision — that Lackawanna County voters made when they adopted the HRC decades ago. The HRC as adopted by voters gives the county court the power to choose from a list of three candidates the Democratic Committee provides, but who those three candidates are is not up to the court, Bonin said. In adopting the HRC, county voters made a legislative choice empowering the county Democratic Committee to play that role in the replacement process, he argued. While the panel of judges didn't issue a ruling Tuesday, Mazonni noted that the matter 'appears to be a case of first impression,' meaning the issue before the court hasn't been addressed before. In other words, no court has been asked to decide whether Rule 1908 supersedes a home rule charter when there's an inconsistency between the charter and Rule 1908. As such, the panel's pending ruling will set a precedent, however the judges ultimately rule.
Yahoo
12-04-2025
- Politics
- Yahoo
Chermak: Keep Lackawanna County out of litigation over commissioner vacancy
Republican Lackawanna County Commissioner Chris Chermak argues in court the county should be removed from litigation over filling a commissioner vacancy. The litigation was started last month by Democratic Commissioner Bill Gaughan and the county over filling the vacancy of former Democratic Commissioner Matt McGloin for the nearly three years remaining on his unexpired term. Chermak filed a legal brief Friday restating his opposition to the county being a party to the litigation. The brief and another filing called an answer to the Gaughan/county litigation were filed jointly on Chermak's behalf by attorney Paul LaBelle, the solicitor for Chermak in his role as county commissioner, and attorney Howard Rothenberg, as Chermak's personal attorney. Chermak's brief opposes a Gaughan/county motion to strike Chermak's initial filing to have the county removed from the litigation. Senior Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo, assigned as a panel for the litigation, have scheduled oral arguments to be heard April 22. Briefs from all parties in the case must be filed with the court no later than Monday. The litigation pits Gaughan/the county against the Lackawanna County Democratic Committee over whether the vacancy should be filled pursuant to the county's Home Rule Charter or a state court rule. The Home Rule Charter process had the Democratic Committee picking three candidates to forward to county judges, who then would select one of the three to fill the McGloin vacancy. The committee named three candidates — Brenda Sacco, who is a former county director of economic development, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — as candidates to potentially replace McGloin. The Gaughan/county challenge to the charter process claims it is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, which says the county court — not a political party — shall receive applications from any interested candidates for the position. Conversely, the committee contends the charter trumps the court rule that would cut the committee out of the candidate selection process. Chermak's brief says Gaughan never consulted with Chermak on starting the litigation and had no greater power to unilaterally do so. Chermak does not take a position on whether the charter or the court rule should be followed to fill the vacancy. Chermak agrees that the person selected must be a Democrat because McGloin was a Democrat at the time of his election, and thus the dispute is between the Democratic Committee and Gaughan as a Democrat, and not as a commissioner. Chermak's 'only concern is that Lackawanna County and its assets and taxpayer money not be utilized to finance this dispute;' and if Gaughan and the Democratic Party want to pursue the litigation, 'they should do so on their own dime,' his brief says.
Yahoo
10-04-2025
- Politics
- Yahoo
Judges deny Sacco entry in litigation over Lackawanna commissioner vacancy
A panel of Lackawanna County Court judges denied Brenda Sacco's petition to enter litigation over filling a commissioner vacancy, ruling that her interests are adequately represented by the county Democratic Committee and she has no legal standing to intervene in the case. The litigation was started last month by Democratic Commissioner Bill Gaughan and the county over filling the vacancy of former Democratic Commissioner Matt McGloin for the nearly three years remaining on his unexpired term. Brenda Sacco. (TIMES-TRIBUNE / FILE PHOTO) In a decision issued Wednesday, Senior Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo determined Sacco has no 'legally enforceable interest' in the case. That renders moot her companion motion for a protective order against the media from reporting on her, and thus the ruling also dismisses that motion. The judges noted the Lackawanna County Democratic Committee's legal response in the battle to fill a commissioner vacancy closely mirrored Sacco's petition to intervene in the matter. The committee and Sacco both contended the county's Home Rule Charter trumps a state court rule that would cut the committee out of the candidate selection process. 'In fact, the Democratic Committee's Answer is identical to Sacco's Proposed Answer. It is apparent to this court that the Democratic Committee simply copied Sacco's Proposed Answer' and adopted it as its own, the ruling says. 'It is so identical that the Democratic Committee's claim for relief is advancing Sacco's interest,' instead of its own 'in requesting a denial and dismissal of Gaughan's Petition to Amend. That claim has since been amended' by the Democratic Committee. The Home Rule Charter process had the Democratic Committee picking three candidates to forward to county judges, who then would select one of the three to fill the McGloin vacancy. The committee named three candidates — Sacco, who is a former county director of economic development, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — as candidates to potentially replace McGloin. The Gaughan/county challenge claims the charter is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, which says the county court — not a political party — shall receive applications from any interested candidates for the position. Noting she is the Democratic Committee's top candidate, Sacco sought court approval to formally enter the litigation, claiming she is victim of a 'smear campaign' against her via reporting by The Times-Tribune. If allowed to intervene in the case directly, Sacco would have backed the Home Rule Charter/county Democratic Committee process that made her the top finalist; and she also would have filed a separate motion for a protective order against Gaughan/the county 'from orchestrating false news stories about (her) in the local press,' according to her legal petition prepared by attorney Paul James Walker of Clarks Summit. In response to such claims in Sacco's petition, Lackawanna County Solicitor Donald Frederickson issued a statement Friday saying: 'To the extent that Lackawanna County is being accused of 'leaking' information to the press, this accusation is completely false and not based in reality. Any information which the county has provided to the press is public information which any citizen and taxpayer is entitled to receive. At no time was any confidential or privileged information relating to any employee or former employee disseminated by the county government.' The Democratic Committee's answer, filed Monday and prepared by attorney Adam Bonin of Philadelphia, claims the court rule was not established to guide Courts of Common Pleas when filling a county vacancy, but rather was created to give guidance when filling other elected office vacancies pursuant to statutory authority, including under the Pennsylvania Borough Code and the Pennsylvania Public School Code. 'It is specifically denied that the resignation of Commissioner Matt McGloin created such a scenario, as his vacancy must be filled pursuant to a Home Rule Charter provision and not pursuant to statutory authority,' the Democratic Committee reply states. 'The Supreme Court cannot simply promulgate internal rules that change the scheme of an enacted Pennsylvania Home Rule Charter.' Meanwhile, Republican Commissioner Chris Chermak opposes the county's participation in the litigation and also has filed in court a legal action to remove the county as a party to the case. The panel of judges has scheduled oral arguments in the litigation to be heard April 22. Briefs from all parties in the case must be filed with the court no later than Monday.
Yahoo
08-04-2025
- Politics
- Yahoo
Lackawanna Democratic Committee: Home rule trumps court rule on vacancy
The Lackawanna County Democratic Committee's legal response in the battle to fill a commissioner vacancy contends the county's Home Rule Charter trumps a state court rule that would cut the committee out of the candidate selection process. The committee met Monday's deadline to file an answer to the litigation started last month by Commissioner Bill Gaughan and the county over filling the vacancy of former Commissioner Matt McGloin for the nearly three years remaining on his unexpired term. The Home Rule Charter process had the Democratic Committee picking three candidates to forward to county judges, who then would select one of the three to fill the McGloin vacancy. Under the Home Rule Charter procedure, the county Democratic Committee named three candidates — former county Economic Development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — as candidates to potentially replace McGloin. The Gaughan/county challenge claims the charter is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, which says the county court — not a political party — shall receive applications from any interested candidates for the position. The Democratic Committee's answer, prepared by attorney Adam Bonin of Philadelphia, claims the court rule was not established to guide Courts of Common Pleas when filling a county vacancy, but rather was created to give guidance when filling other elected office vacancies pursuant to statutory authority, including under the Pennsylvania Borough Code and the Pennsylvania Public School Code. 'It is specifically denied that the resignation of Commissioner Matt McGloin created such a scenario, as his vacancy must be filled pursuant to a Home Rule Charter provision and not pursuant to statutory authority,' the Democratic Committee reply states. 'The Supreme Court cannot simply promulgate internal rules that change the scheme of an enacted Pennsylvania Home Rule Charter.' Meanwhile, Republican Commissioner Chris Chermak opposes the county's participation in the litigation and also has filed in court a legal action to remove the county as a party to the case. On Thursday, Sacco — who is the Democratic Committee's top candidate — sought court approval to formally enter the litigation, claiming she is victim of a 'smear campaign' against her via reporting by The Times-Tribune. If allowed to intervene in the case directly, Sacco would back the Home Rule Charter/county Democratic Committee process that made her the top finalist; and she also would file a separate motion for a protective order against Gaughan/the county 'from orchestrating false news stories about (her) in the local press,' according to her legal petition prepared by attorney Paul James Walker of Clarks Summit. In response to such claims in Sacco's petition, Lackawanna County Solicitor Donald Frederickson issued a statement Friday saying: 'To the extent that Lackawanna County is being accused of 'leaking' information to the press, this accusation is completely false and not based in reality. Any information which the county has provided to the press is public information which any citizen and taxpayer is entitled to receive. At no time was any confidential or privileged information relating to any employee or former employee disseminated by the county government.' A judge has not yet ruled on whether to allow Sacco to enter the case. On Monday, she also filed a notice in the case that she would seek a 'Rule to Show Cause' for Gaughan and the county to demonstrate why she should not be allowed to enter the litigation and seek a protective order. A panel of three senior Lackawanna County judges had previously scheduled oral arguments in the litigation to be heard April 22. Briefs from all parties in the case must be filed with the court no later than April 14.
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.
