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Nazareth, Pa., United States

Wednesday, April 07, 2010

Judges Recuse in Angle Will Controversy One Day After Refusal in Council Dispute

Only yesterday, Senior Judge Michael V. Franciosa refused to recuse himself from a dispute between DA John Morganelli and the Northampton County Bulldog over Ron Angle's claim that he can simultaneously serve on a school board and County Council. But today, Northampton County judges have distanced themselves in the controversy over Angle's will, leaving him scratching his head. They want a judge from some other County.

Back in 2000, when Angle's dual office controversy first boiled over into a courtroom, Northampton County judges did recuse themselves. In fact, the DA refused to get mixed up in what is obviously political litigation.

But that was then.

While Judge Franciosa's refusal to recuse himself yesterday was still ringing in his ears, Angle was informed that in his father's will dispute, the courts have just decided to step aside and seek an out-of-county judge.

In a personal matter that has nothing to do with County Council, judges are gravely concerned about a possible conflict. But in a case that deals specifically with Angle's position on Northampton County, they refuse to recuse.

Does that make sense?

A fuming Angle has complained, "They're yanking my chain. They're covering their tracks and recusing themselves in a case where I don't need it."
Blogger's Note: I have a copy of Angle's Motion Seeking Franciosa's recusal, as well as his Brief Opposing the DA's Complaint against Angle, and will load and link to them by tomorrow.

26 comments:

Anonymous said...

Morganeeli will lose again, GO RON!

Anonymous said...

the only justification is that the will dispute will require facts to be determined while the other case is a question of legal interpretation (the only fact that really exists is that Angle is elected to two offices). On this matter, it's a different ball game.

Anonymous said...

"the will .. will"

I like that.

Kinda like

the can can

the elect elect

Anonymous said...

Blogger's Note: I have a copy of Angle's Motion Seeking Franciosa's recusal, as well as his Brief Opposing the DA's Complaint against Angle, and will load and link to them by tomorrow.

Was that actually signed by him or forged by someone else. I hope he gets blowed up and showed who's the boss.

lighthouse said...

Kind of funny how when the judges on the Court were pushing for a NorCo treatment center (rather than cooperating with Lehigh Co), it was not seen as a conflict by many readers/writers on this blog for NorCo Court of Common Pleas to hear the Bethlehem Twp ZHB/Atiyeh appeal. But throw in Mr. Angle, and it is all of a sudden a big deal and they should recuse?

Judge Franciosa was able to be very fair and ethical in the above mentioned BT dispute, so I am sure he will be very fair and ethical in the dual office suit.

Point, just because the perception is there doesn't mean there is an automatic conflict.

However, there is a huge difference between a "senior judge" status and one of the current elected judges. I could understand the regular Judges being reluctant to get into a family issue that has become highly politicized.

Bernie O'Hare said...

Why didn't Franciosa recuse himself from the treatment center dispute? So far as I know, no one asked him to do so. Allegations of bias should be made before a decision is rendered. As a matter of law, a claim of bias now wold almost certainly fail.

But in the will controversy, without a motion from anyone, the Court recused itself and sepecifically asked for an out-of-county judge. That's an indication that the Court sua sponte is concerned about possible bias.

The day before this decision, Fraciosa rejected a motion that he recuse himself.

On the face of it, his reasoning is sound. He is interpreting law, not finding facts. But bias is bias. And in a case like this where the law is very much unsettled, a biased judge could easily interpret the law to the benefit of the side he favors.

I also don't get the senior judge distinction, which has also been made by some friends. Franciosa's entire judicial career is in Northmpton County. He is as liekly as any sitting judge to be biased.

In light of the Court's decision to seek an out-of-county judge for the Will contest, I beleve Franciosa should reconsider his refusal to recuse hmself.

If he rules against Angle, I am sure that the general feeling will be that the fix was in. If an out-of-county judge rules against Angle, it will be perceived as an honest opinion.

Personally, I consider Judge Franciosa's integrity beyond reproach and his decision yesterday just demonstrates his stubborn independence, a trait we all remember in him. But if only for the sake of consistency, the Court should stand aside in both matters.

Anonymous said...

If we are questioning the integrity of our Judges, what do we have left? This is a case in the judges jurisdiction, therefore he should handle it.

Just because the Nor Co chiwawa is involved and he is very well knowed shouldn't change anything.

After this will give the Nor Co chiwawa a reason to appeal the decision if it goes against him.

Just think of all the tax payers money that has been, and will be blowed during this bull.

Anonymous said...

Has Franciosa ever used Severson? That's likely Morganelli's vendetta. Any chance Franciosa shares it?

Anonymous said...

I think Morgy's more the chihuahua (that's chiwawa for the edification of the retard who grunted incoherently at 5:44).

Anonymous said...

There is no need for a Judge to recuse themself in the "I am ron and i can hold two elected offices" case, b/c the Judge will be ruling on the fact of can anybody hold these two offices(not just ron, it is not personal just business, strictly business). However on the "will" case the facts are directly related to one individual ( yep ron). so the Judge did the right thing, but right is not right unless its what ron wants.

Anonymous said...

The law is the law and no one is above the law ---- not even the almighty Ron Angle! He is a bully who uses intimidation and his obnoxious way to try to convince people that he is the chosen one. When actually, he is smart and many times I agree with him but is antics give our county an embarrassing image.

Anonymous said...

CHIWAWA is a Canadian rock pop electronica duo based in Montreal. Laurie Gordon and Krassy Halatchev are the principal songwriters and performers in CHIWAWA. The duo's approach can be described as neo punk disco pop rock. CHIWAWA play bass, vox, guitars, synthesizers and most of the instruments on their recordings. CHIWAWA have just released their 4th album Bus Stop Chinese Buffet on Satellite Records Canada in conjunction with the release of Spare Change the final film effort of animator Ryan Larkin. CHIWAWA's song "Do It For Me" is featured in the soundtrack. Spare Change is produced by Laurie's film production company MusiVision in co-production with the National Film Board of Canada. Also in production is a film on Ryan Larkin's final years living with CHIWAWA at their home in the country. A documentary film is also in production about Ryan Larkin and the band.

Clearly I was referring to the rock band. Who is the retard now??

Anonymous said...

Anyone who listens to that clap trap cacophony for tone deaf teens is clearly retarded; less intellect than an average chihuahua.

Grow the hell up said...

Anon 8:43pm,

Clearly it is easy for you to take shots at people from the comfort of your own home. I am sure you wouldn't have the guts or balls to say such things to someones face.

That is just something we all have to deal with on here. Turns out I don't have time to engage in childish acts such as calling someone a retard. I hope it makes you feel better about yourself.

Have a great night.

Bernie O'Hare said...

Anon 9:11, Would you call Ron a chihuahua or chiwawa to his face? There's a reason you're anonyomous. Name-calling of all kinds, including retard, chihuahua or chiwawa, is wrong.

I blowed lots of money said...

I was not referring to Ron as a chiwawa...I simply said the Nor Co Chiwawa that could be any number of people. You assume that I meant Angle. You know what the say about assuming.

And yes if I was talking about Angle I would say it to his face. If I had knowed it would cause such a blowed up I wouldn't have said anything.

Anonymous said...

Yes, GO RON!!! Pleas go, go happy, go mad but by all means go!!!!! far away, very far away.

I agree.

Anonymous said...

You can say it to his face, Angle is the typical schoolyard bully, when confronted face to face he runs. He only takes shots from the safety of a forum and when reporters are around.

Face to face he is a coward. He has been confronted a few times and each time he ran for the hills.

The bulldog has no balls. If the judge rules the positions are incompatible, the general consensus will be the judge is very wise and not, the fix is in.

Ohare please don't comment on the ethics or morality of the Northampton Judiciary. You of all people have no standing in such a discussion. If not for respect for the suffering of your late father most would ignore you completely.

Anonymous said...

How is it that Joe Capozzolo served all year on County Council and as Bangor Mayor? Why didn't Morganellli go against Joe?

This seems like selective enforcement.

Bernie O'Hare said...

3 AM troll, Yu are too cowardly to attach your name to your bold condemnation because you're afraid the bulldog might bight you. Like the little coward you are, you'll hide under the rock of anonymity and come out at 3 AM.

Anonymous said...

Bernie O'Hare said...
Name-calling of all kinds, including retard, chihuahua or chiwawa, is wrong. 11:08 PM

Bernie O'Hare said...
3 AM troll, Yu are too cowardly to attach your name to your bold condemnation because you're afraid the bulldog might bight you. Like the little coward you are, you'll hide under the rock of anonymity and come out at 3 AM. 9:57 AM

Jesus Christ, dude, your bipolar disorder puts even Oberholtzer's to shame. Get help.

Bernie O'Hare said...

If the purpose here is to show some inconsistency, you're wrong. It is wrong to throw names at people. And people who crawl out from under a veil of anonymity to lauch their little smears are cowards. You are particularly pathetic bc you belittle a person who has mental health issues. Ironically, you started that in a series of posts about the health care reform overhaul.

Anonymous said...

Belittle? Tut tut, fuzzy bunny, bipolar disorder is AllentownJake's motive for acting, you know, so crazy. It needed to be pointed out. You should investigate if any of the voices in his head have tax liens against them.

The ironic thing is the health care reform you both opposed makes it easier to treatment for your mental health disorders. Oh, I forgot, you're just a "booze hound." ;)

Anonymous said...

Chihuahua = disgusting name-calling

Coward, troll, asshole, etc. = acceptable (when posted by O'Hater/Angry Priest/Chris Casey/sock-puppets)

CUCKOO!

Anonymous said...

Chihuahua = disgusting name-calling

Coward, troll, asshole, etc. = acceptable (when posted by O'Hater/Angry Priest/Chris Casey/sock-puppets)

CUCKOO!

Anonymous said...

Go Ron Angle!

The Northampton County Douchebag!