Last week, fresh off the Christmas and New Year holiday, Steve Baratta fired the opening salvo in the upcoming Northampton County DA's race. It was a 65-page manifesto attacking the ethics of the District Attorney, First Assistant District Attorney and a prominent local defense lawyer. It was addressed to the County Executive, County Solicitor, County Council and the Pa. Disciplinary Board. Copies were sent to The Morning Call, Express Times, WFMZ-TV69 and Lehigh Valley News. After receiving this missive, I asked DA Terry Houck and First Assistant DA Rich Pepper for comment. But I had to send them a copy. Baratta made certain that the entire county knew except for the three lawyers whose integrity he impugned.
If this were an ordinary political contest, I fully expect to see this sort of thing. But Steve Baratta was a judge. He was a prosecutor. He lodged a 65-page complaint with the state disciplinary board, attacking the integrity of three different lawyers, I would expect he'd have enough respect for his fellow lawyers or sense of fair play to let them know he was threatening their ability to practice law.. I was mistaken.
I remember once talking about a criminal case with Jackie Taschner when she was an assistant DA. She was being assailed outside the courthouse for going too easy on a criminal defendant. "I'm a prosecutor, not a persecutor," she answered.
I did ask Baratta whether he bothered to provide copies of his complaint to the persons he attacked. He never answered.
Prosecutors have immense power to flood jails, ruin lives and deepen existing divides. Baratta's misguided attempt to sully the character of three good lawyers makes me worry whether he's be a prosecutor or a persecutor.
34 comments:
This is a campaign Bernie, you don’t run to lose and you gain every advantage you can. You know full well that positions soften and, generally speaking, candidates return to the middle once they’ve won.
You've written romantically about politicians who run-hard-or-not-at-all. Morganelli and Dent come to mind. I suspect Steve must have shit in your Easter basket at some point? This all seems personal for him or them or you or all of you.
Isn't this sad? Everyone at the courthouse knows that John Morganelli is the one pushing Baratta and the shame of all this is Baratta readily admits it to certain confidants. What a legacy for Morganelli to leave behind. Morganelli's actions should be reported to the disciplinary board for their review and possible disciplinary action. If Morganelli wanted to remain in politics, he should have stayed on as the DA.
"You've written romantically about politicians who run-hard-or-not-at-all. Morganelli and Dent come to mind"
Absolutely that is true in most races. But this is a race for DA, a person with immense power and who can ruin lives with the stroke of a pen. It is quite easy to abuse that power. Baratta can accuse three lawyers of ethical lapses, but going so far as to threaten their livelihoods, and without so much as letting them know, is pretty low.
I have promised him I would be fair to him, but I also told him I thought it wrong to go to the Disciplinary Board just to gain an edge in a political race. And he should have copied the three lawyers he threatened.
Unless he's running for persecutor.
Ill say it again. Who gives up a 212K a year cushy Judgeship for a job with 3 times the headaches? Especially when someone in your own political party has the seat. This smacks of revenge. Vindictiveness. I could go on but you get the picture. Bernie, you are spot on about the release of the "manifesto" and the way it was done, only a bottom feeding politician conducts business like that. I thought this guy was a Judge? What he is an asshole I hope he loses!
So you are saying Stevie and his band of brothers can outright lie during the campaign (because it’s just politics, right?) But the ex-Judge will somehow find his moral and ethical compass once he’s elected as DA? Please! This first stunt he just pulled shows he’s just a dishonest, despicable and desperate politician.
Or, 10:58 am, it smacks of a man willing to to take on the headaches to restore professionalism and dignity to the office he once held.
Power. Baratta has his hands tied as a judge by Koury and he hates it. He has an axe to grind, and apparently the DA position is where his plan will come to fruition.
Baratta was on the throne when I was involved in a local case. Was not impressed the least. Judges that occupy the local courthouse evolve in that vacuum and most certainly play politics. Once the case gets to commonwealth court it's another world entirely.
Not surprised by this cannibalistic behavior.
10:58...someone who is already eligible to receive a judge's pension and can collect the DA's salary at the same time
I'm smarter than the average NORCO resident - I moved to the saner Lehigh County
If this is a campaign and that was his attempt at gaining an advantage, Baratta should immediately fire his campaign manager
and bow out of the DA race. That poor, immature attempt backfired. He not only lost any chance of winning, but pretty sure there will be
long friendships ruined.
An interesting set of circumstances here...
A quick look at the ethics board website does not say that a complainant is required to inform the lawyer against who the complaint is being filed before the filing of a complaint. So, not sure why that matters. I get that the media was informed, per this post, but that does not mean that the lawyer was required to be notified. In any event, are we sure that the complaint was not sent to Houck and Pepper? Is it possible that Houck and Pepper have not looked through their mail yet to see the complaint? Or, was Pepper taking a personal day today to tend to his private law practice.
Also, what's this talk about a complaint against a third lawyer. The post from last week only mentions a complaint against Houck and Pepper, not a third lawyer. Was a complaint filed against a third lawyer? If so, who? If not, then why does it say that a complaint was filed against a third lawyer? I understand from the post last week that Pepper's private practice was in the office of a local defense lawyer, but there is no reference in the post to a complaint being filed against that defense lawyer. It does not seem that that defense lawyer necessarily did anything wrong when renting space to Pepper, but Houck and Pepper are said to be the alleged bad actors here against who the complaints were filed. Did I miss something?
Finally, I pay a lot of real estate taxes in Northampton County and want my full-time officials working full-time during their work hours, just like I do, and not moonlighting during those work hours. I read that Houck responded to the complaint by saying that Pepper was taking vacation days and personal time to run his private law practice during work hours? Do you think Houck can provide records to show this, as this could really clear things up? Rumor is that Pepper also takes vacation time to visit a spouse in Florida. That seems like Pepper gets a lot of vacation time to travel for real vacations, run a private law practice, and attend court hearings in another county, according to the complaint that was posted last week. Does anyone know how much vacation time and personal days off that the first assistant district attorney is given each year? Is personal time paid time off, or unpaid? If unpaid and Pepper is using those days to run a private law practice, why is Pepper's pay the second highest in Northampton County, according to the post. If paid, does the county define what personal time is, the circumstances for when personal days should be used, and how the time off should be recorded and tracked to make sure that no county worker is taking advantage of taxpayers (i.e., to run a private law practice which may be a full-time practice, attend court hearings for that practice, prepare for those court hearings, travel to those hearings, etc.). It says in the post last week that Pepper works 50-60 hours a week. Did Houck say if record keeping exists to make sure that this is the case?
Finally, on the ethical concerns, I have them as well and am trying to figure this all out before I make my own judgment at the ballot box. Isn't the first assistant district attorney supposed to be present to serve as the stand-in when the District Attorney is not available, away, or in a similar circumstance, which would make Pepper the second in command when Houck is at the office, and the first in command when Houck is not in the office? Doesn't common sense tell us that the same ethical obligations should guide both the District Attorney and the second in command, who is there to serve as the first in command when the District Attorney is not available? I know that many that make up the top brass of the courthouse do not have common sense, but voters, like me, do. I am asking because I am trying to wrap my head around all of this.
Doesn’t Houck get a bunch of pensions? The Philly DA, the Philly police department, the Bucks County DA (from where he was fired and ran, I think, twice to be the actual DA and lost before we got suckered with him), and more? Also, doesn’t Pepper get retirement benefits, the second highest pay in Northampton County, and the revenue from his private law practice that he runs during work hours (while collecting full pay as a first assistant, claiming he takes vacation and personal time to do that work)?
Baratta is having a good laugh at all of us. He hasn’t even announced he is running, yet we on the threads are freaking out about him or Houck. I will take a breather on this one.
@BERNIE what is your response to 6:48 PM???
My response to 6:48?
First, as I pointed out already, I expect this sort of thing inmost races, but not one for DA or judge. Baratta was under no legal obligation to notify the objects of his attack that he was going to the DB, but I would think a sense of fair play and respect for his fellow lawyers demanded it. One of these lawyers thought he was good friends with Baratta. Now he is pulling a knife out of his back.
Second, the third lawyer in question is the prominent criminal defense attorney. He would be just as guilty of ethical lapses as they, and this person is supposed to be Baratta's friend. With friends like these ...
Third, this is an attempt to read into the law what is not there. I don't think you're trying to wrap your head around anything. You are on Team Baratta.
***Fourth, it is clear that you too have picked a side. The First Assistant in Bucks County was forced to resign merely for delivering food on his lunch breaks. Here, allegedly, you have a First Assistant who frequently operates a civil practice on county time out of a defense attorney's office that routinely negotiates with the district attorney's office his tenant co-runs.
If you are a truth seeker why aren't you following up with Houck for evidence of Pepper's vacation records? Wouldn't that help you defend your stance Baratta is making a mountain out of a mole-hill??
This whole thing is fishy. There must be more to this.
Bernie, I agree with you about 6:48.
If that was the kick off campaign for a former Judge????? To throw your friends under the bus is inexcusable. Going after someone and trying to ruin the careers of someone you once called your friend for a couple votes doesn't say too much for your character. Baratta and Morganelli. They ought to be ashamed. Can Morganelli be called before the disciplinary board for this? What a poor excuse for a Human being.
Barattaforda.com is up and running. Looks like he is running after all.
To 11:58 PM
It is obvious, you are either Baratta himself or Morganelli. Only you two would have that background information and try to make it a campaign issue. You have to be way behind in early polling to go negative so soon in your campaign. The Houck campaign should ask the Pa. Ethics Committee to investigate Morganelli. Everyone in the Courthouse knows this is DIRTY JOHNS antics. Now you get to see the real Morganelli and the real Baratta.
Houck gets my vote.
2:32,. Thanks. I just checked it out. It is quite hard-hitting.
Baratta just announced.
So if the office is being run without professionalism and dignity please provide some examples of same. It’s easy to throw out those kinds of generalizations. 12:16 seems to be on the right track. It sounds like a quest for power by some good ole boys cliche. They want to control the judiciary and the DAs office.
I was leaning towards Baratta but after this stunt it’s Houck for me. A DA needs to have integrity, which obviously he doesn’t have
Morganelli was the golden boy when he was DA. Now he is getting bashed for being the force behind this assault on Houck. Maybe he was always an ass but no one wanted to state this for fear of his almighty retaliation as head law enforcement official of the County. People were afraid to stand up to him and his little big head grew and grew until this latest charade.
Lets not forget the County settled a discrimination lawsuit against his hiring practice for county detective. Lets not forgot he did nothing when a county detective vehicle was riddled with bullets outside the Puerto Rican Club on southside Bethlehem well after this employee was off duty and should not have been using the vehicle. Theft of service at the taxpayer's expense. Believe his buddy EX Sheriff Miller was Chief of Bethlehem then. Nothing reported despite photos of the vehicle. Now the D's are divided and Morgenelli is no longer the golden boy.
Stop acting like Houck isn’t about to do the same thing you sissy
Those in the legal system know the slimy side of little John
Isn’t he part owner of the wind creek event center too?
Sissy? How will I survive. Lol.
Houck unless you know him personally then these are just blah. He never understood you can't say what you want in a case to the media . You can't be a pompous ADA or DA and run your mouth on TV which he has done in cases
These are ethics violations. Never understood why he thought his crap didn't stink. He acts like he was perfect all his life. Wrong!
Pepper does not run his private practice during court house hours. I’m told by PSP who have run surveillance from St. Anthony’s parking lot, that they never see him enter the building until 4:45pm
rich white folk problems, jealousy, and everyone is getting painted with the same brush. I prefer to vote for someone who just tells me why i should vote for them. Fox "News" mentality has destroyed civility, mostly baseless personal attacks. but seriously, this just seems so petty and beneath the dignity of all involved, in-fighting and the reason NORCO's reputation has eroded to the point of being a laughing stock. they need to get their shit together, figure it out, because it's detrimental to the County's residents and does not serve the public well at all.
John Morganelli must be the longest serving D.A. in Pennsylvania history- is it any wonder he acts the way he does, as a petty dictator and puppet-master? There is an incestuous clique of county employees, judges, D.A.'s, and other elected officials who keep it "all in the family”, whether they are related or not. They jump from the D.A.'s Office to a judgeship and back to the D.A.'s Office (or to another well-paid local government position), double- and triple-dipping at the expense of taxpayers. And after long stretches in office they lose sight of their moral obligations, being instead under obligation to each other for past favors received. This translates into a flawed and broken justice system for those who get entangled in it. The State Attorney General should conduct an outside review of Northampton County's Judicial System (and D.A.'s Office) Hopefully that would end the rampant abuse of the system. But realistically, what needs to happen is that all of us need to stop electing the same self-serving and indifferent people to judgeships, the D.A.'s Office, and other local government positions, breaking the chain of bad behavior. Term limits would be a great start!
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