Law and the Judiciary

Morganelli Urges Outside Probe of Legislature

The Democratic nominee for state attorney general said Monday that an independent prosecutor should be appointed to take over the investigation of alleged corruption in the Legislature from Republican incumbent Tom Corbett.

John Morganelli, the Northampton County district attorney, said Corbett has a conflict of interest because of contributions he received for his 2004 campaign from Republican legislative leaders who were in power during the period that is being investigated.

Morganelli also questioned whether Corbett’s office adequately protected evidence in Republican hands while pursuing the first round of charges against House Democrats.  read more »


Court Streamlines Nomination Challenge Procedure

Election law practitioners say a new procedure for filing objections to signatures on candidates’ nominating papers will streamline a process that has been a cause of confusion for the courts and skyrocketing costs for litigants.

In a notice to the election bar July 30, the Commonwealth Court outlined an option for litigants challenging the nomination papers of national and statewide candidates to file their objections in an electronic format as well as the usual paper copies.  read more »


Fumo Fallout: Second Aide Pleads Guilty

A second computer technician charged with carrying out an electronic cover-up in the federal corruption case against State Sen. Vince Fumo has agreed to plead guilty.

Mark C. Eister, 38, of Camp Hill, who worked in Fumo’s Harrisburg office, will plead guilty on Tuesday before a federal judge, according to a document filed yesterday in federal district court.

Leonard P. Luchko, a computer aide who worked in Fumo’s district office on Tasker Street in South Philadelphia, pleaded guilty on Monday to one count of conspiracy and 28 counts of obstruction of justice.  read more »


Fumo Witness List a "Who's Who" of Philly Power

A list of potential witnesses for state Sen. Vince Fumo filed in federal district court yesterday reads like an insiders’ guide to clout in Philadelphia over the past generation.

The list of almost 300 names includes not just political leaders and elected officials, but also many of the city’s top lawyers, lobbyists, labor leaders, business executives and the government workers who wield enormous power behind the scenes, day after day.  read more »


Former Lawmaker Pleads Guilty on Election Fraud

A former state lawmaker and an aide avoided jail time by pleading guilty Tuesday to forging signatures, including a dead person’s, on nominating petitions for the 2006 primary.

Linda Bebko-Jones, 62, and her former chief of staff, Mary B. Fiolek, 60, were both sentenced in Dauphin County to 12 months’ probation and fined $1,500.

They each pleaded guilty to three misdemeanor charges — forging and submitting false signatures and criminal conspiracy. All other charges were dismissed.


Anti-Casino Activists File Complaint Against Castille

I think I can hear Castille screaming from miles away …

Anti-casino activists yesterday filed a complaint against state Supreme Court Chief Justice Ronald D. Castille, accusing him of breaching judicial ethics by blasting the plaintiffs in a federal lawsuit accusing his predecessor of colluding with the legislature to secure judicial pay raises.  read more »


PA Court strikes down Hate Crimes Law

On Wednesday the Pennsylvania Supreme Court upheld a Commonwealth Court decision striking down the amendments to the state’s hate crimes law that added sexual orientation, gender identity, ancestry, gender, and mental and physical disability in 2002. The law was overturned based on the procedural way the legislation was passed by the legislature, not the content of the law.

The law, known as the Ethnic Intimidation and Institutional Vandalism Act, was amended to include protections for these groups of people by a two-thirds majority of the state House of Representatives and Senate. The legislation was signed into law by Republican Governor Mark Schweiker.  read more »


PA Judge Shoots Down Four-Day Work Week Idea

The chief justice of Pennsylvania’s Supreme Court is pouring cold water on the idea of a four-day week for the state’s courts.

In response to what he says was an informal request to allow one county’s courthouse to operate on a four-day week, Pennsylvania Supreme Court chief justice Ron Castille (in file photo above) has informed all county president judges that they are to maintain five day weeks with their regular hours.

Likewise, spokesman Chuck Ardo says Governor Rendell isn’t jumping on the four-day week bandwagon, either:  read more »


US Attorney Patrick Meehan to Resign

U.S. Attorney Patrick Meehan this morning told his staff that he intends to step down as the top federal prosecutor for the eastern part of Pennsylvania and practice law.

Meehan, a former aide to U.S. Sen. Arlen Specter (R., Pa.) and former Delaware County District Attorney, will hold a news conference this afternoon to formally announce his plans.


Sen. Regola Trial Set to Begin Today

Freshman state Sen. Robert Regola III has a Democratic challenger in the November general election, but today he begins facing a more pressing matter in Westmoreland County Common Pleas Court.

Jury selection is scheduled to begin in a case in which Mr. Regola, 45, of Hempfield, is charged with crimes related to the July 2006 death of Louis Farrell, a 14-year-old next-door neighbor who the county coroner ruled committed suicide by using the senator’s handgun.

Mr. Regola is charged with three counts of perjury in testimony at a coroner’s inquest into the death; allowing possession of a firearm by his son, Robert “Bobby” Regola IV, who was then a minor; reckless endangerment; and false swearing.


Current Slate of Judicial Nominees Makes it Past Committee

While I am glad to see that it looks like the current slate of nominees are well on their way to confirmation, I’m still peeved that the whole process took so long. At this point, some these judges are going to be on the bench for as little as six months. Some will need a few months to get up to speed.

This is what Chief Justice Castille had to say about his fellow Republican Johnny Butler:

“Johnny Butler will have the hardest time trying to become an appellate judge.

At least on the Commonwealth Court they handle a lot of labor-related cases, workers’ comp and things like that. So he’ll have a grounding in that area of the law,” Castille said.  read more »


Allegheny judges ranked 'acceptable' or better

State and federal judges in Allegheny County largely received passing marks from lawyers who appear before them, according to the county bar association’s Judiciary Survey, a report card released every four years.

Lawyers graded 43 of the county’s 46 Common Pleas judges “acceptable” or better in four categories: impartiality, legal ability, diligence and temperament. Lawyers marked 29 judges’ job performances as “good” to “excellent.”

Federal judges in district, magistrate and bankruptcy courts also scored well, with 18 of the 25 rated good to excellent in three or more categories.  read more »


Court divides on tobacco rulings

A Philadelphia ordinance banning the sale of cigars and single cigarettes used by illegal drug-takers was partly thrown out and partly upheld yesterday by a divided appeals court.

The Commonwealth Court majority invalidated a January 2007 ban on flavored tobacco products and on cigarettes sold individually or in pairs, making them likely to be used for drugs.  read more »


Lehigh Valley judge tapped for Superior Court

For a decade, colleagues and supporters of Northampton County President Judge Robert A. Freedberg have touted him as fit for state or even federal judicial robes.

Freedberg almost made it in 1998, until a multi-name deal for a federal bench fell victim to Washington politics, dooming his nomination by President Clinton to the U.S. District Court.

But now Freedberg is on the winning end of similar circumstances in Harrisburg and apparently headed for Pennsylvania Superior Court.

In all, the Democratic governor made four nominations — two Democrats, two Republicans — after the Republican-controlled Senate rejected his earlier slate. Rendell also nominated:  read more »


Interim Appellate Judges, Part Deux

So much for the Republican’s claim that they rejected Rendell’s first set of nominees because they were not diverse.

Gov. Edward G. Rendell’s short list of candidates to serve interim terms on the state appellate courts has evolved from one focused on geographic, racial and gender diversity to one that would include a pair of nominees picked by Senate Republican leaders.

Sources close to and involved in the vetting process said Rendell initially had planned to nominate a female common pleas judge from Philadelphia, a veteran judge from the Lehigh Valley, an African-American judge or lawyer from Allegheny County and a Republican lawyer from Chester County.  read more »


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