Updated: NorCo's Entitled Law Clerks

Numerous Northampton County workers are paid far less than their counterparts in other governments or the private sector. Human Relations Director Amy Trapp acknowledged this at a recent Council meeting. But yes, there are overpaid County workers, too. Not only do they have a negative impact on morale, but they impose a burden on taxpayers that Northampton Council should refuse to shoulder when they adopt next year's budget. In addition to getting paid more than they deserve, these workers also are able to supplement their incomes with stipends about which Council was never informed. Some are also permitted to moonlight, even though their outside work is a direct conflict of interest with what they do at the County. But they are an entitled bunch, and are protected by Northampton County's judges. I'm referring to the County's nine judicial law clerks.    

The Culture of the Northampton County Judiciary 

Northampton County currently has nine sitting judges, one senior judge, six special court masters, two guardians ad litem and nine judicial law clerks. Each of these judges has his own little parking spot, which is usually empty. They all have their own private little entrance into the courthouse, so they don't have to dirty themselves by mingling with the vulgari. The $43 million courthouse expansion was actually built to isolate them. It surprises me they haven't thought of palanquins, but give them time.

While the judges are isolated from the public they are supposed to serve, ostensibly for reasons of security, the public is treated like garbage. If you visit the courthouse and don't know the secret spots, you can drive around for forty minutes before you find a place at the bottom of Mount Everest, which you must climb to get inside the courthouse. Assuming you survive, you're searched if you're lucky enough to find the real entrance to the courthouse. This, of course, is at the most inconvenient spot for the general public.

You'll be inside three times longer than you anticipated. Occasionally, a judge will walk by, surrounded by a phalanx of 18' tall Deputy Sheriffs. Security, you know. Their names are blotted out on assessment records, too, while your property is there for one and all to see.

Once you leave, pray that the Panto Parking Police have spared you.

Employees go through this, too. They are used to most of it, but the not-so-hidden message is that you and they are second class citizens.

Individually, judges are great people and actually very down-to-earth. Some, like Baratta, Zito and Koury, are very hard workers. But collectively, they represent what's wrong with our whole system of governance. They do nothing to inspire confidence in our judiciary. They do everything to breed cynicism in government. 

Bureau of labor Standards: NorCo Judicial Law Clerks Overpaid     

This is the culture that a recent law school graduate faces when he becomes a judicial law clerk. He sees a system of entitlement and a "us v. them" attitude. It's hard to avoid developing a condescending attitude, which eventually ensnares most law clerks

This is the exact reverse of the way things should be. Historically, a judicial law clerk is like an intern. He or she is someone who just graduated from law school and spends one or two years with a lousy salary under the wings of a judge. The whole point is to turn a recent law school grad into a good lawyer, and then kick him out and in bring someone new. The judge is a mentor. The clerk is his protégé.

But that's changing. A few years ago, then Court Administrator Jim Onembo demanded that the salaries for law clerks be raised so that the County could be "competitive." Since that time, starting salaries for judicial law clerks have continued to climb in Northampton County.

The current starting salary is $57,925.71, the same amount of money paid to an Assistant DA or Assistant PD. That's just ridiculous. A prosecutor and public defender can put in an 80-hour work week if he's trying a case. They hold people's lives in their hands while a clerk holds a judge's robe. It is simply unconscionable that a judicial law clerk would make anywhere near what these trial lawyers earn. This starting salary is also well above the $43,770 annual mean wage paid to county law clerks in Pennsylvania, according to the Bureau of Labor Statistics

This salary is much too high, especially since most of these clerks are only putting in 20 or 30-hour weeks.

Because they are being paid 32% more than the average mean wage reported by the Bureau of Labor Statistics for Pennsylvania, these law clerks are reluctant to leave the warm embrace of public sector employment after one or two years and face the cold, hard legal world

Though I've never heard anyone say he wants to be a judicial law clerk when he grows up, that has become a career path for three of Northampton County's nine judicial law clerks. Holly Frompovicz was hired 8/14/06, and currently earns $66,102.82. Stephanie Spencer was hired on 8/13/07, and her salary is $66,102.82 as well. Heather Charnegie started on 8/11/08 and rakes in $63,256.34.

Three of Northampton County's nine judicial law clerks have been working for the judges 8-10 years. In addition to shackling the taxpayer with salaries that are completely out of proportion to what they do, they are now all vested in the pension, so we will be paying for them a long time.

Northampton County's remaining six law clerks have been with the county for two and a half years or less, and are paid $57,925.71.

At a Budget Hearing on October 26, President Judge Stephen Baratta defended the salary, indicating his own law clerk puts in a 40-hour week and this is appropriate compensation for a new attorney. "I can't speak for other offices," he said.      

He also indicated that some judges like having a "seasoned" law clerk. I'm sure they do, but it defeats the whole purpose of clerkships.  

NorCo Judicial Law Clerks Paid $110,225 in Stipends Since 2010

In addition to making this a career, these law clerks are receiving stipends above and beyond what is authorized by Council. They are essentially getting extra money for doing their job.

If you go to the Civil Division and file a passport application, no clerk would dream of charging you extra money for her own work in helping you. If she did, she'd likely be prosecuted for theft and would certainly be fired on the spot.

But for the entitled, the rules are different.

In divorce actions, when the parties are ready to wrap things up, they pay a fee to the Civil Division, and ask the judge to issue a decree.

These are parceled out to the law clerks, and they are paid $25 for every divorce case they review, above and beyond what they are already being paid. Council was never made aware of this when it set the salaries for this entitled group. I doubt very much that Executive John Brown or his predecessor, John Stoffa, was ever made aware of this abuse.

It should be halted immediately.

That $25 adds up. Since 2010, law clerks have been paid $110,225 to process divorces, something for which they already receive a salary. The three clerks I mentioned above have done rather nicely. Frompovicz has been paid $13,300 and Spencer has been paid $13,375 in addition to their $66,102.82 salaries. Charnegie has raked in $12,225 on top of her $63,256.34 salary, too

The remaining six clerks have all participated in this abuse as well, to a lesser extent.

This conduct is a violation of the Code of Conduct that applies to judicial law clerks:

"Employees of the Unified Judicial System are appropriately compensated for the performance of their duties and shall not solicit or accept any additional compensation or anything of value from any other source for performing the duties and responsibilities of their position."

Clerks should receive no compensation for doing what they are already paid to do. This money belongs in the county's coffers, not their pockets.

These clerks also do not pay fees to belong to the Bar Association, which violates the Code of Conduct. 

President Judge Baratta indicated he had nothing to do with establishing, managing or paying out this stipend. He is a correct. It is a vestige of the days when law clerks were paid far less, and that money now belongs in county coffers.  

Are NorCo Law Clerks Moonlighting For Outside Attorneys?

As bad as the exorbitant salary and stipends are, what's even worse is that some of these law clerks are moonlighting for outside attorneys, writing briefs and doing "research." This is the report I have received from three different sources at the courthouse. Any judge who did this would be removed from the bench. That's precisely what should happen to the law clerks who have whored themselves out to lawyers who are obviously trying to succor favor with the judges.

Though they may consider themselves entitled and above everyone, the Code of Conduct applying to them bars this kind of work.

"A fair and independent court system is essential to the administration of justice. Proper conduct by employees of the Unified Judicial System of Pennsylvania (UJS) inspires public confidence and trust in the courts, and conveys the values of impartiality and fairness that promote the integrity of the work of the Unified Judicial System. 

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"Employees of the Unified Judicial System shall not solicit, accept or agree to accept anything of value from any person or entity doing or seeking to do business with, or having an interest in a matter before, the court or court-related entity by which they are employed ... ."

Northampton County Council has the authority, under its Home Rule Charter, to request special reports from elected officials and their subordinates.  The Court will be at a Budget Hearing today and should be asked to explain what its clerks are doing, and what steps the judges are taking to cut off the stipend and ban work with outside law firms.

President Judge Baratta indicated that the Code of Conduct has been changed to allow outside employment, but he refuses to permit his clerk to work for outside attorneys. He failed to state whether other judges allow their clerks to moonlight. My information is that some do,and it involves attorneys who practice in Northampton County. It is an obvious conflict of interest and needs to end.     

The Courts' Budget Needs Better Explanation 

The Problem Solving Court Budget is a problem. It’s proposing a 50.9% increase in personnel, with absolutely no explanation of who those people are or what each of them is being paid.  One rumor floating around is that one of the law clerks is already being paid as program administrator. I am unable to confirm what is happening, but that is why there are budget hearings.   

Judge Craig Dally told Council he would supply the details explaining how exactly it willbe funded. 

Appendix: Law Clerk salaries, hire dates and divorce stipends 

Abigail Bellafato - $57,925.71. Hired 8/8/16. $125 in divorce stipends

Holly Frompovicz - $66,102.82 Hired 8/14/06. $13,300 in divorce stipends

Jordan Knisley - $57,925.71. Hired 8/10/15. $2,325 in divorce stipends

Heather Charnegie - $63,256.34. Hired 8/11/08. $12,225 in divorce stipends

Matt Alkon - $57,925.71. Hired 8/11/14. $4,175 in divorce stipends

Sara Moyer - $$57,925.71. Hired 8/22/16. $0 in divorce stipends.

Stephanie Spencer - $66,102.82. Hired 8/13/07. $13,375 in divorce stipends

Holly Huerta - $57,925.71. Hired 1/2/14. $5,200 in divorce stipends

Kelly Fackentrhall - $57,925.71. Hired 8/10/15. $3,650 in divorce stipends

Blogger's Note: Originally published 10/26/16 at 5:06 pm.