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Nazareth, Pa., United States

Sunday, August 01, 2010

State Supremes Get Well-Deserved Turkey From ET

If there ever were any doubts in my mind about DA John Morganelli's penchant for politics, they're long gone. He had insisted that the sole motive for his attempt to have Ron Angle removed from County Council was to test the law as it applies to dual office holders. Then, when Angle was forced to step down from one of the seats as the result of a bizarre and confused adverse decision, Morganelli declared the appeal was moot.

Awarding a turkey to the state supremes, The Express Times puts things in perspective: "According to the high court, Angle’s appeal became moot when he resigned his school board seat. Yet Angle did so under threat of being stripped of his county council position, according to a ruling by Senior Judge Michael V. Franciosa. The court could have resolved a murky conflict of local and state law by tackling this; the demurral means it might well arise again."

Our state high court had to be dragged, kicking and screaming, into investigating the kids-for-cash scandal perpetrated by two judicial Fagins in Luzerne County. So it's no surprise they would take the easy way out in Northampton County.

Until this issue arises again, and it will, what law has Morganelli established?

13 comments:

Anonymous said...

So the State Supreme Court filled with distinguished Justices are wrong. As states by the Excess Times that buries stories it does not like, by Ron Angle, by distinguished attorney Bernie Ohare.

Yeah, i think that turkey is really going to make them feel bad.

How is life in Bizzaro World?

Bernie O'Hare said...

Distinguished justivces like Joan Melvin? Saylor? Please.

Anonymous said...

Maybe Ron would have done better if he did not hold a press conference calling a distinguished jurist "senile." That conference was the end of the case !!!

Bernie O'Hare said...

There is that.

Anonymous said...

Isn't the relevant exception to mootness that the is "capable of repetition, yet evading review"? This is an obscure provision of one county's home rule charter. Its not exactly an issue that comes up everyday or is necessary to set a precedent for an issue that regularly escapes review. Angle lost. Declare war on the state Supremes like you did the Common Pleas judges...isn't that the court that took your law license in the first place.

Bernie O'Hare said...

The issue is the applicability of the state constitution to dual office holders. It is a matter cabaple of repetition, yet evasding review, as evidence by the example this year of a state representative who simultaneously held a county office. It is also a matter of public importance, involving the will of the people. That;s another exception to the mootness doctrine.

Yes, I did lose my license to practice law. The state high court issued the order, but not one of the justices currently on the court was on the bench then.

And I did not lose my license for being stupid.

Anonymous said...

Just unethical and immoral. Sort of like Ron Angle.

Anonymous said...

The esteemed jurist was and is senile. Angle spoke the truth about abused power. Being a judge does not inoculate one from dementia.

Bernie O'Hare said...

"Just unethical and immoral. Sort of like Ron Angle"

What's unethical and immoral is to attack someone without identifying yourself. That's also the mark of a coward.

Anonymous said...

I recall you stated that the motion to throw out the case on mootness was "laughable"-- I guess it was right on point. Angle made the matter moot himself. HE was so unconfident of winning-- that he was unwilling to let the order take effect, temporarily leave the council seat vacant, and stand on his appeal. He wanted his cake and eat it too. The supreme court saw all the issues Angle wanted to raise and did not think they were so compelling.

Anonymous said...

Hey, If it's his cake he's allowed to eat it. I think you meant "EAT HIS CAKE AND HAVE IT TOO."

He resigned his school seat to ensure he kept his county seat, but during the appeal he wanted to be treated as if he still had both seats.

This struggle will continue, and pollute our newspapers. Aren't there better topics to write about?

Anonymous said...

How does one pollute a cesspool?

Anonymous said...

He ranted and lost but of course not without lashing out with personal invective. The rule of law was still strong enough to put this little mussolini in his place.

Stay tuned for the will - god forbid another injustice will occur.