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Nazareth, Pa., United States

Thursday, February 10, 2011

Reaction to Judge Baratta's Decision

When he stood for retention in 2007, I penned a blog called "Three Reasons to Boot Judge Baratta." I also criticized his reliance on local lawyers for campaign dough, as well as his use of now political consultant Tom Severson. These are just two of several posts I've written over the years that are critical of Steve Baratta.

I know this bothers him because people who know him tell me it bothers him. I also know that, in open court, he once complained about my general criticism of the nonexistent judicial work ethic.

But when I heard that Judge Baratta was assigned to the Gracedale ballot challenge, I filed no motion for recusal.

I thought he could be fair.

Now that he's ruled against me, has my opinion changed? No.

I can tell you that I think his decision is seriously flawed, because I do. He invalidates over 2700 signatures above and beyond what had been invalidated by the Voting Registrar, and incredibly refuses to go by her numbers. He forgets that she did testify that the signatures I was complaining about were not among those she had already stricken on her own. He accepted the testimony of two witnesses who filed 38 false affidavits. He even accepted the testimony of a woman who claimed she circulated as many as 15 petitions simultaneously, as though she has eyes in the back of her head. Basically, I think he was so caught up with a liberal construction of the Election Code - and he is supposed to construe the Election Code that way - that he abdicated his equally important responsibility to preserve the integrity of the election process.

So I completely disagree with him.

But I must also tell you that Judge Baratta's decision was fair. He was very even-handed during the hearing. His opinion is lucid and mostly well-reasoned. He also handled the challenge very expeditiously.

If it's necessary, we will appeal. But I also believe Judge Baratta called this as he saw it, and handled a difficult political case with integrity.

You can't ask for more than that.

29 comments:

Anonymous said...

Who cares? Really. A few politicos and employees of the County. They use the families patronizing Gracedale as red herrings. In the end, we all pay know matter what. County costs will continue to rise and tax increases are inevitable. It seems like its costing more to get rid of Gracedale than what it is really worth. IMHO

Anonymous said...

Baratta's lazy and a bad judge. This was well known before your case came before him. He apparently has math deficiencies, as well. He's been promoted to his level of incompetency. There are books written about this.

Anonymous said...

The judge made the right decision.

Anonymous said...

Bernie, you are commended for taking the high road.

Anonymous said...

Poor Bernie and Ronny boy,why is it everytime a judge rules againt this so called bulldog and Bernie the judge becomes no good and then Bernie trys to smear them with who they take contributions from.Bernie you sound like the people you critisize when they post on your blog.By the way Ron Angle bulldog my ass more like trouble maker Ronny BOY!!

Anonymous said...

Taxes taxes taxes,Bernie if you really want to mount a war on taxes why dont start with the school taxes.That is what really puts homeowners in the hole everytime they go up,, which seems to be on a yearly basis, the county taxes are trivial compared to school taxes.Tell your boy Stoffa to reasess,thats right it wont happen beacuse then Rons taxes will go up also.

Anonymous said...

Bernie,

You are correct about one thing. Judges DON'T work hard. They have more time off, vacation, lack of cases, etc.

Bet you could make it a part-time position and no one would notice!

Anonymous said...

The judge made the right decision because in America the biggest freedom we have is to question our leaders. The petition proves that the people want to be heard on this issue. It doesn't mean that all of them are voting against the sale. I am sure that some of them signed the petition so they can have a vote.

Now it is for you to prove to me and other voters why your position is the right position.

And as a rule - a judge will never overturn the will of the people.

Anonymous said...

Bernie, your grace in response is admirable and appreciated. Wish more people responded in kind. It was, shall we say, classy.

Now, go kick a puppy or something, you miserable old man.

Whethervain said...

>as a rule - a judge will never overturn the will of the people

Yea, right! Click
here
. "Corporations can spend freely to support or oppose candidates..."

Don't think WE, THE PEOPLE wanted this!

Bernie O'Hare said...

"Now, go kick a puppy or something, you miserable old man."

I feel better now.

Bernie O'Hare said...

",Bernie if you really want to mount a war on taxes why dont start with the school taxes."

I generally stay away from school boards. They scare the hell ut of me. Them, and carnies.

Bernie O'Hare said...

Henry, aka River, explain this:

1) Asset Acceptance LLC v. Henry Schaadt, 2010-C-13305, filed 2/2/11, for $3,648.31.

2) Easton City v. Henry C Schaadt, 2010-ML-12090, filed 10/25/10, for $855.13

Anonymous said...

Bernie, isn't there still a math problem with the total number before disqualification?

Anonymous said...

bernie I will explain for the whole world you nosey pig I lost my job that I had for 29 years. You love personal attacts henrySchaadt

Anonymous said...

are you trying to kill me? You attack people. henry

The Battle Cry of Freedom said...

Baratta erred in his decision. Circulating a petition is serious business. The gal who took them to public places, laid them out and gave instructions did not view who put whom on that petition. Every last one of her petitions should be tossed out. Let's hope that Judge Baratta makes the right decision on the Stoffa
To those of you who obviously enjoy higher taxes I will tell you that they will be coming from all directions and, yes, particularly schools. Major tax payers, Northampton Crossings et al, are appealing their taxes and will win. The value of buildings has gone down and will continue to go down. Home owners, condo owners, investors are being greeted with the lowering of assessments. You are looking at 4-5 million houses in the nation's real estate market. This too will keep the values down for at least 3-5 years. In addition to all of this if employment does not improve more houses will be lost because the unemployed cannot pay the mortgage or purchase a property.It is also predicted that prices will plunge another 5 percent. So those of us lucky enough to hold a job or two will find our taxes increasing on a regular basis or we might get lucky and the taxers will realize, when no one has the money to pay, that taxes must go down and programs must disappear. Nasty circle we are in kinda like the dog who caught its tale.

Anonymous said...

bernie I worked at Carlon/lamson and sessions 635 east lawn road ,nazareth for 29 years. I went out on medical leave and was fired what more do you need explained to you?

Anonymous said...

sorry, didn't post my name Henry Schaadt

Anonymous said...

The Whine of Complaints

The people want a say on this major public policy decision. This isn't like building a drug addict hotel like Stoffa wants to do or even an illegal alien prison like Angle wants to do. This affects people from all walks of life all over the County. It affects the most vulnerable citizens of the county and if the county has any duty at all, it must be to these poor, sick and elderly people rather than drug addicts, illegal aliens and criminals.

Instead of privatizing the prison which is totally funded by County tax dollars, these clowns want to dump Gracedale. Gracedale is funded by State and federal dollars, with few county dollars.

Gracedale had a few bad years. Much of that is thanks to the incompetence of the Stoffa Administration. Already the amount they claimed they needed to run it has been reduced.

Sorry but the people are always smarter on these things then the demagogues and crazy bagger leadership.

The flat earthers in the county are a minority, a noisy minority to be sure but still a minority.

Mr. Stoffa do the right thing and let the people vote.

Bernie O'Hare said...

"Bernie, isn't there still a math problem with the total number before disqualification?"

Actually, the judge' own math is flawed. He screwed up on some simple additions, and to my detriment. He also ignored what the Registrar plainly told him - there was no overlap between her numbers and mine.

Bernie O'Hare said...

In his never-ending quest to find inconsistencies on my part, MM has latched onto a statement I made in September about nonresident circulators. I actually made the statement a few times and do believe that nonresidents have a First Amendment right to circulate petitions. I would seek to disqualify unregistered voters or nonresidents who have a financial interest in the matter being considered, and succeeded in doing so But I would not go after a circulator merely bc he or she is a nonresident. And I made that argument in Court.

Anonymous said...

won't save your wicked soul bernard

Anonymous said...

So the law is about who "you and Angle" think can circulate and who can't.

Mighty white of you there O'Hare.

Anonymous said...

Hey anonymous 11:50! Mighty black of you being an asshole!

Anonymous said...

Anon 11:58, nice racist remark there, racist. Another bagger trait.

Anonymous said...

hey 11:50

I must say you probably started the racist commentary with

"mighty white"

although I agree with your assessment of BO
you used a poor choice of words

and of course the baggers are happy to oblige with additional venacular

how about

"that was quite generous of you guvner"

feel free to add a English accent
Cockney of course

Wayne said...

Anonymous said...
bernie I worked at...
--------------------------------

I was wondering if you were that Henry S!

Bernie,
I don't know what your problem is with Henry but I can verify what he has said about his employment.

Bernie O'Hare said...

Wayne,

He will leave me alone of months then come a=on here and call me all kinds of vulgar names and make all kinds of outlandish personal attacks, aimed at me and my readers.

He also sends disgusting emails. Yesterday, for example, he sent me a photograph of Hermann Göring's corpse. Is he trying to tell me something there?

If he wants to attack people, let him explain why he is always on the wrong end of civil judgments.