"Is there anyone here who would like to voir dire me?"That's the question a smiling Judge Edward Smith quietly asked when first taking the bench in the Elias Farmers Market zoning appeal yesterday. None of the four lawyers had a problem. But it's a bit unusual for a jurist to start things off by asking whether anyone objects to him. Why the concern?
Judge Smith hinted at that, noting obliquely that some question had arisen about another judge. That would have to be Michael Koury.
Last month, Judge Koury denied a motion by Bethlehem residents Al Bernatos, Walter Ward and Guishu Fang, to open the record in the zoning appeal for additional evidence about the actual size of the expansion being sought by Elias Farmers market. Bernatos detected "an undercurrent of favoritism or bias," and later learned that Joseph and Naziha Elias, two of the owners of Elias Farmers Market, contributed $1000 to Koury's judicial campaigns in 2001 and 2003. Koury has pledged, in each of his three judicial races, that he "would ask to be disqualified from any case in which any contributor to my campaign appears before me as a party."
Contacted about this matter, Judge Koury explained that the party involved is actually Ghassan G. Elias, dba Elias Market, who never contributed to any of his campaigns. He felt there was no conflict.
Refusing to accept Judge Koury's explanation, Bernatos, Ward and Fang presented a letter to President Judge McFadden right before yesterday's hearing, telling her that Judge Koury and the owners of Elias Farmers Market belong to the same church and share ethnic group affiliations. They also point out that Ghassan Elias, the named appellee mentioned by Judge Koury, is actually Joseph Elias' brother. He purchased the property with Joseph and Naziha Elias on June 7, 2006.
According to these Bethlehem residents, "Judge Koury abused his judicial position, and did not fulfill his campaign promise to the voters, tax payers, and citizens of Pennsylvania. He used poor judgment and an [sic] unjust ruling."
Judge Smith told the parties and lawyers at the onset of yesterday's oral argument, that he knows nothing about Elias Farmers Market. He knows a lot more now.
30 comments:
Bernie
Very interesting! Koury should have not heard this case.
Bernie
Question. This market has been named Elias since the mid 1990s as we worked nearly and remember the name change. Not sure how the papers now state 2006?
7:51
It had been named Pitchels Farm Market up until 2006 (not sure if that's the correct spelling)
And I wish someone would buy the tractor they are selling that is rotting away on the corner of Linden & Johnson Dr, shame they are not protecting it.
Is Ron Angle still farming land?
hogwash
"telling her that Judge Koury and the owners of Elias Farmers Market belong to the same church and share ethnic group affiliations"
so emil can't hear cases from italian americans who attend church at notre dame?
"share ethnic group affiliations"
I hope such a reason used to accuse a Northampton County Judge of bias wasn't actually given creditability.
"Question. This market has been named Elias since the mid 1990s"
Gee, I don't know about that. it has been a roadside stand forever. I remember it being the Valley Farm Market and Pichel's, but don't remember Elias.
Anon 8:12,
I would not take one portion of that letter as a reason to jump all over these Bethlehem residents. They note Judge Koury's pledge, the campaign contributions, membership in the same church and ethnic organizations. Judge Koury has explained why he feels he had no conflict, but these people still had concerns, enough to prompt a letter to PJ McFadden. I believe Judge Koury did the right thing by staying away from this case, although I'm sure he would have been fair. In fact, I don't think that letter was really necessary.
"In fact, I don't think that letter was really necessary"
i agree
judge koury is a better man than i-reading the garbage in that letter, i would've been tempted to stay on, just as an FU to the authors.
one of a great many reasons why i woulda made a lousy judge.
I grew up down the street from the market, it was in the Pichel family from at least the mid 70s until 2006. At one time they had to get zoning approval to add the butcher case...they had to prove that meat was once sold there.
Bernie,
Maybe it remained Pitchels Farm Market in name but are your certain the Elias family did not purchase it before 2006? We're not saying you are incorrect, just that it seemed the Elias family was here for a while.
http://articles.mcall.com/2005-08-23/business/3620143_1_staybridge-suites-market-s-owner-liberty-street
Looks like it changed hands in '05 from Pichel's to Elias.
Thanks for that link.
Anon 1:54, I am only going by my own, very fallible memory.
Lies, lies, and more lies.... That's all that Elias and his lawyers know. They said in their brief there was a hardship because they couldn't use their dock because it was in such bad condition but his neighbors had videos which proved them to be lying.... PERJURY, that's what I call it. They want to have a distribution center with 3 loading docks to store and deliver produce to restaurants (that is in their testimony) except only food that is stored in that building is suppose to, by law, be sold in that premise or store only. What they want to do "BELONGS IN AN INDUDTRIAL PARK" area, not here in an RR low density area with beautiful homes in their backyard. Snakes, filthy snakes thats what they are. Why don't they buy land in the town where they live and put it there???? If Bethlehem doesn't watch out, they will be the next Allentown oe worst yet, NEWARK, NJ!!!!! BETHLEHEM ZONING BOARD OPEN YOUR EYES and preserve our Residential area....
I had an interesting conversation today with the next door neighbor, who incidentally supports the expansion. She is the grand-daughter of John Jamon, who bought this property in 1929. At that time, it eas called Jaman Orchards, and was the store for an 18 ace tract of orchards. Apples, peaches, cherries, plums and pears were standard fare.
It was once an ancient forest. People settled in and it became a lumber source and then a farm field. Later, it grew its last crop - houses.
Preserving the neighborhood went out of style long ago.
I'm not saying I agree or disagree - just that that argument is a false commencement premise given the dichotomy.
I'm not really making any argument either. Some question arose about the history of this property in this comment thread. I believed, mistakenly as it turns out, that Valley Farm Market was once there.
No one gives a shit about community or neighborhoods anymore. It is all about money and influence and sadly, quality of life for anyone else is not even considered.
This is why people must think about the people they elect. After the elections the officials appoint members to Boards.
I have come to believe that I will only support people like John Stoffa, those at the end of good careers, not the young turks who are out to make a career on the backs of voters.
Sadly they need to keep getting re-elected and that means they need to get more and more money from those who want something.
It has become a vicious cycle. Career elected officials are in it for themselves, their families and their supporters. The fate of towns, cities and counties are not their concern.
Bernie,
Hopefully, you don't think I am being a wise guy, because it should be evident that everyone knows that I am Lebanese, familiar with the families mentioned in this article, and am a cleric in these families' church. Also, when I come back into town, I am an avid shopper at Elias', either in Allentown or Bethlehem.
So what happened? Did Judge Smith reopen the case?
I like this store. I wish they moved to Easton. It appears that business must be good for them if they want to expand. My extended family was in this line of business in Easton for many years. I always thought that a store like this would be a big hit in Easton. It appears so in Allentown and Bethlehem.
Please keep me in your prayers during these next two weeks of finals. You are all in mine.
Peace, ~~Alex Joseph - Go Flyers!!
Fr. Alex,
I think even expansion opponents would agree that Elias offers fresh produce at reasonable prices. They obviously have a lower profit margin than most produce sellers.
Judge Koury denied permission to open the record, but did not dismiss the appeal. He did the right thing in allowing Judge Smith to take over the case.
I'll have more about this next week.
Thanks Bern,
Leave it to the fat cleric to have a one track mind. More food!!!
Is gluttony a sin? Jesus walked among the people. How can I help the people, if I don't live like them? I walk with them... to the buffet bar!
Peace, ~~Alex+
Bernie said:
"Judge Koury ... did the right thing in allowing Judge Smith to take over the case."
Did Judge Koury recuse himself, or was he asked to step aside? There is a difference, and people would like to know. It would help them understand the Judge's character, pro or con.
Judge Koury should have recused himself from the Motion to Open the Record. He was playing head games, saying he did not know Gus Elias. He needed to get this wakeup call. Maybe it will help him have a stellar career.
As noted in this blog, Judge Koury was requested to step aside in a letter presented to PJ McFadden on the day of the hearing. But he may have voluntarily recused himself before the request was made.
The general rule in NC is that, once someone suggests a judge may be biased, he automatically steps aside. Of course, those requests must be made before he actually hears a matter. The only exceptions I can think of is Judge Zito, who refused to recuse himself in a domestic violence case bc the victim suggested he may know the defendant's family. I think Zito made the right call in that matter bc the victim was obviously judge-shopping and had already asked another judge to step aside.
When Koury heard the petition to open the record, he did not automatically become the judge assigned to that case. So the situation probably did not arise. Had it arisen, Koury undoubtedly would have stepped aside. There are 8 judges besides him. He would only hear the matter if it was a matter of necessity.
Bernie, with all due respect to your excellent reporting, can anyone speak directly to the issue of whether or not he recused himself?
I am unable to speak directly on this point bc I made no inquiry.
I was critical of Judge Koury's candidacy for judge and am critical of judges in general. I just posted a blog critical of all of them.
But I was satisfied when Judge Smith, and not Judge Koury, stepped into the courtroom on Tuesday.
I understand what you are trying to establish, but do not consider it appropriate for me to question the Court about judicial assignments after a request for recusal has been made and another judge appears.
Iste pax existit cum, ~~Alexander
The things regarding ethinic background and church attendance are very weak. The fact that a relative contributed to his campaign is also weak but is getting warmer. Bernie is right that the appropriate procedure in Northampton County is that when there is even an allegation of a conflict the judge steps aside. However, there needs to be a line or else people will shop for judges:
"Zito has it...he represented a party's second cousin as PD..... Roscioli has it....a party's relative was a witness in a case she tried as DA....Emil has it....his kid plays little league with opposing counsel's kid...."
An allegation of bias is not the appearence of bias. Its a small world and an even smaller bar. Koury was smart to avoid the appellate issue but its silly to question his ethics.
At the end of the day, these are the issues that highlight the fact that PA should stop electing judges.
It is difficult to quantify what constitutes bias. I just had this conversation with a friend no longer than an hour ago. I am gratified that Judge Smith handled this matter and, although I do not know this, I suspect he stepped aside. In Judge Koury's case, he set the standard a little higher and did impose some quantifiable standards, so I understand why these Bethlehem residents were concerned.
The Roadside stand started in 1930 when the Jaman family bought the farm. In 1970, the Roadside stand was 4271 square feet. Zoning Ordinance says a nonconforming use can expand by 50% of the 1970 size. Current size of the Roadside stand, 11067 square feet. How did the market get that large, which is 259 per cent of the 1970 size? It should never have grown past 6407 square feet! These are errors caused by the Zoning Officer, the Zoning Office, and the Zoning Hearing Board. The poor administration of the Zoning Office has to stop somewhere. When the Zoning Hearing Board granted the variance, allowing the Roadside stand to expand to 19,279 square feet, that was the bale of hay that broke the camel's back. The Zoning Hearing Board is out of touch with the law, and out of control. The Zoning Hearing Board decisions have effectively changed zoning in residential areas of the city, without obtaining City Council's ok. They whimsically allow changes in density, and they are not evenhanded in their dealings with the resident property owners. They need a good spanking, and hopefully the court will give it to them.
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