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Friday, February 03, 2023

NorCo Judicial Candidate Argues Her Opponent Lacks Experience

How long should you be a lawyer before becoming a judge? Five years? Ten? Should you be required to have jury trial experience before you run? That's what Easton area lawyer and judicial candidate Nancy Aaroe thinks. She raised these points yesterday during a news conference at the Northampton County courthouse rotunda surrounded by about 30 supporters, including her family, local Republican party stalwarts and some guys who arrived on motorcycles. Aaroe has 32 years of experience as a lawyer, and it includes jury trial experience. Her opponent, Brian Panella, has six years under his belt as a practicing lawyer.

There's a big difference between the way that Republicans and Democrats do things. Republicans will prepare these things to the nth degree. They will have videographers, photographers and all kinds of people walking around in suits, handing out releases. Democrats usually forget. Republicans will want you there 15 minutes early. Democrats never mind when you get there because they always start late, unless it's Lamont McClure.  

I got there early, and the first thing I did was admonish Beverly Hernandez and Nancy Dienel for their fawning over wingnut Steve Lynch. As I sternly lectured them, most of the other Republicans chose to keep their distance. Except Glenn Geissinger, the current chief of the county GOP. I yelled at him, too, but forget why.

In fact, I was so worked up that I had nearly forgotten why I was there. That's when Paul Aaroe greeted me. He's almost as bad as my brother, a far right conservative, but he is a good lawyer and a very nice person. He's Nancy's husband. 

"You're her weak link, you know," I snarled. He agreed. "I'm the only bad decision she ever made," he admitted. 

Nancy Aaroe is herself a very good lawyer. She spent 12 of her 32 years as an assistant DA, assistant public defender and conflicts counsel (court-appointed lawyers who represent indigents that the public defender's office is unable to represent). Her practice now is mostly devoted to family law. She would be a great judge. But so would Brian Panella

I skipped taking notes of Aaroe's speech because it was being broadcast on Facebook. That was a mistake. The acoustics inside the rotunda make it very difficult to hear people.  

Aaaroe said she never really considered running for judge because she is "not a political person," but was urged to do so by several attorneys she holds in high regard. She said the judges she admires have had "years and years of experience before ascending [her word] to the bench."

At the same time, she read Attorney Sam Stretton's "Ethics Forum" in the Legal Intelligencer.  According to Stretton, "Being a judge should not be a career by itself. A judgeship should be the position one decides to run for or get appointed to at the end of their career as a lawyer, not at the beginning." In fact, he argues that no attorney should run for judge without having participated in at least 50-100 jury trials.

That's his opinion, not the law. 

Aaroe argued that, like New Jersey* and New York, a judge in Pa should be someone who has has practiced law a minimum of 10 years.  She indicated that Northampton County has never elected or appointed a judge with less than 10 years of experience. 

Aaroe went on to refer to her opponent, Brian Panella, as an "early career lawyer" with only six years of experience. She said this is "unacceptable to me.  ... His desire to be a judge right now, at this early stage of his career, causes me to question his self-awareness and judgment."

After the news conference, I questioned her argument that judgeships should be limited to attorneys who have jury trial experience. I pointed to former President Judge Alfred T Williams. He was an excellent trial judge, but never tried a case as a lawyer. She said that Judge Williams was before her time. 

But there are more recent examples. Judge William Moran, who had to be one of her contemporaries, ever tried a jury trial as a lawyer. I may be mistaken, but believe that our current President Judge, Michael Koury, Jr, never conducted a jury trial as a lawyer.

It is the view of some lawyers that judges who have never tried jury trials as lawyer tend to be better trial judges precisely for that reason. Judges who do have jury trial experience will often take over cases while judges who themselves never tried a case as a lawyer often tend to be more fair. 

There are arguments both ways.    

In Pennsylvania, unlike many states, the voters decide who they want on the bench. His or her experience is one factor that should be considered along with numerous others. I could understand her decision to raise her own experience as a positive note about her, and it is, but her questions about Brian Panella's "self-awareness and judgment" were a tad bit unjudicial. 

_ ___________

* The 10 year requirement in NJ appears to be limited to justices of the Supreme Court. 

34 comments:

Anonymous said...

Proud Boys?

Anonymous said...

Nancy clearly just wants a comfy chair to sit in until she can officially retire. She’s exactly what the county DOESN’T need - someone just looking for a pension. Also, a number of attorneys? Well where are they now - I haven’t seen one of her colleagues actually come out and support her. A bunch of life longers of the Republican Party at a boring press conference doesn’t necessarily inspire confidence.

I’m voting for Panella. He might be young, but he’s got the energy and experience of someone who is committed. As I understand, the Family attorneys loved him as a custody Master and were disappointed when he stepped down to focus on Bethlehem.

Anonymous said...

Sometimes I think judgeships should be by appointment so disasters like this are better mitigated.

Bernie O'Hare said...

"Proud Boys?"

No, lol. I could not tell what organization, but there are several motorcycle clubs aligned with police and veterans. I think this was one of them. About five of them actually rode their cycles in, too, despite the cold weather.

Bernie O'Hare said...

"I’m voting for Panella. He might be young, but he’s got the energy and experience of someone who is committed. As I understand, the Family attorneys loved him as a custody Master and were disappointed when he stepped down to focus on Bethlehem."

He is a good lawyer. There are very few elected officials these days who do any sort of volunteering. Even fewer lawyers. But in addition to his sound legal work, what strikes me about Panella is his volunteerism with different groups like Rotary and Boys and Girls Club. He may be young, but that's old school. I am not trashing Nancy. She is very dedicated to her clients and her family and is herself a good lawyer.

Anonymous said...

Just look at the shit her husband spews on Facebook. I know that is not him, but they are married and work in the same office. They are partners and someone with even 1% of the views her husband has spewed on Facebook during the last 4/5 years does not belong on the bench. I am hoping Panella wins on both sides of the ballot and this is over in the primary.

Anonymous said...

You can tell a lot about someone by the company they keep. Bernie, these supporters look like the insurrectionists from Jan 6. What a shame that this candidate has to surround herself by Republicans like Steve Lynch and company. Lynch and company should step aside and allow the Northampton County Republican Party to rebuild ourselves. Some of these people are really good people. The image they project is frightening. They are rebelling against the system and don't know how to go about making it better. The image projected here is not a good start. I believe you, that this candidate is a good lawyer, and I will take a look at her platform and then cast my vote.

Anonymous said...

"Some guys on motorcycles".. these guys are police officers in our county, you can even see the badges in the attached photo. Nancy has a lot of support with the Blue.

actually it looks like she had a broad range of supports from the legal community and law enforcement, as well as local doctors, business owners and the general community.

Anonymous said...

Nancy is right. The argument is Brain has only 6 years as a lawyer. I would be nervous if he was my judge.

Anonymous said...

Can't fool me, under that blue stripe is a confederate flag! Don't try to deny it just prove to me with facts that it's not!

Bernie O'Hare said...

""Some guys on motorcycles".. these guys are police officers in our county, you can even see the badges in the attached photo. Nancy has a lot of support with the Blue."

I believe they are either vets or a retired police officer motorcycle club. Most of them lacked the grooming you expect to see on an active police officer, so I think they are retired. I did blow up the photo and noticed that two had police emblems from NJ. NJ is not Northampton County.

Anonymous said...

DOJ has "sworn testimony" that the Proud Boys in the Capitol were "prepared to kill" Pence & Pelosi.

Anonymous said...

I get the vibe that this woman was recruited by the Republican Committee at the last second because Brian would be uncontested.

Bernie O'Hare said...

"Can't fool me, under that blue stripe is a confederate flag! Don't try to deny it just prove to me with facts that it's not!"

I looked closely at the pics I took. I saw police emblems from Jersey. I saw American flags. I saw nothing that was in any way offensive. I know lots of professionals who are into motorcycles simply bc they like them. They probably thought they looked cool, although I'll agree the optics here are a little off. I would not have advised a judicial candidate to surround herself with guys in all their motorcycle regalia. T

Play nice, please.

Anonymous said...

That was one of the most boring things I have ever seen. Aaroe is doomed out of the gate if thats the enthusiasm she's campaigning with.

Anonymous said...

The Police officers/Bikers are from Bikers Against Cop Killers (BACK). According to their website: "B.A.C.K. is a nonprofit emergency services/law enforcement support motorcycle organization. We strive to keep the memory alive of the fallen, support the living and show support to their families and surrounding communities." Not hard to find out where they're from considering the man in the front was holding up a banner saying B.A.C.K. the entire conference!

To that point, Nancy had a crew of law enforcement officers, attorneys, teacher, doctors and more behind her... Really impressive to see so many different members of the community come out to support her. Very authentic. She's definitely about ALL of the citizens, not just rubbing shoulders with attorneys!!

Anonymous said...

The emphasis on what New Jersey does is a recurring theme in her campaign. She does know she is running for judge in PA, right?

Anonymous said...

42 present actually

Anonymous said...

Nancy’s crowd looks like they’re going to storm the ballot counting room / cafeteria to stop the steal!!!

Bernie O'Hare said...

"he Police officers/Bikers are from Bikers Against Cop Killers (BACK). According to their website: "B.A.C.K. is a nonprofit emergency services/law enforcement support motorcycle organization. We strive to keep the memory alive of the fallen, support the living and show support to their families and surrounding communities." Not hard to find out where they're from considering the man in the front was holding up a banner saying B.A.C.K. the entire conference!"

Actually it was. The writing on the jackets was hard to read. I tried. I saw BACK a few years ago at a Freemansburg National Night Out. They are a good group. The man in front was holding what I thought was a leather jacket with his emblems.

Back is a 501c3, according to what I could find on google. You know this bc you acknowledge it in your comment.

Now I've already said the optics of bikers clad in leather, standing behind a judicial candidate, is bad optics. It creates an appearance of bias. But more importantly, now that you've identified this group, I can tell you their participation in a campaign event was illegal.

501 c3 Nonprofits can engage in nonpartisan voter registration or civic engagement activities like National Night Out. They may NOT engage in political activity like what was in effect a campaign rally for Aaroe.

As a lawyer with 32 years experience, she should know this. He opponent with six years knows this.

Experience does not mean you know the law, and Nancy certainly did not know the law when she allowed this group to attend her rally.

Anonymous said...

I don’t necessarily expect you to agree with me, because you yourself are the child of a legendary lawyer, but the optics of the entire Panella campaign is warped. A green 31 yo lawyer whose father just so happens to be the President Judge of the Pennsylvania Superior Court getting appointed as solicitor for Bethlehem and then immediately running for judge on the bench where his daddy used to serve, and being endorsed by all the prominent area lawyers who appear before the senior Panella (many of whom are also the children of prominent lawyers) is disgusting. There. I said it.

Anonymous said...

I find it ironic that an organization like B.A.C.K. (Bikers Against Cop Killers) gets a warm reception on a political stage in Pennsylvania, but when black people attempt speak of the same injustices against their people, they’re met with racist libels about looting and violence.

Perhaps if BLM changed their acronym to Blacks Against Killer Cops (B.A.K.C.), it will be more palatable to white audiences, and they’d be invited to such events.

Anonymous said...

Brian Panella clearly has the best qualifications and judicial temperament foe the judgeship. Brian's dedication to the legal and judicial professions and his commitment to his community are readily apparent. The toxic campaign of his opponent has shown her true nature.

Anonymous said...

This stunt was very telling of what you will get from Judge Aaroe:

1. Misleading and unverified assertions. (She continues to state that she is only running because prominent local attorneys have urged her to. For better or worse, one of the fundamentals of every judicial campaign is a list of attorneys who support your candidacy… I have looked for Nancy Aaroe’s list and been unable to find it. Until I see such a list, I believe her statement is patently incredible)

2. No access to Justice. (In making this publicity stunt they blocked the only entrance to the courthouse during the time of day when most people will be attempting to access the courts)

3. Lack of perspective and ability to empathize. (Just look at the makeup of the crowd. Not only is it not diverse in any way, but they certainly represent only a small segment of the people she seeks to impose judgement over. At worst, she thought having them there was a good idea and specifically invited them. At best, these are the only people that showed up for her.)

4. Attorney Paul Aaroe standing in the background…

Anonymous said...

Brother Steve has nothing to do with this story keep his name out of your mouth he has intel sources to doxx anon cowards from the Core4 white hat hacker types who help him Pro Bono or in exchange for private sessions he's tired of the disrespect

Bernie O'Hare said...

10:54, I did see a prominent local attorney at her announcement. I won't name him because I don't want to see him tortured here. There may have been more. I have no doubt that her campaign will garner support from a number of local attorneys who admire and respect her.

Your "access to justice" claim is pretty much horseshit. The courthouse is the people's building. It has been used as long as I remember for core political speech. Her speech was in the rotunda, away from the courtrooms. There was no interference with people entering or exiting the building. Over the years the rotunda has been used by numerous people from both political parties to call news conferences.

As far as the crowd is concerned, I believe the optics of the motorcycle guys behind her was bad (and illegal), but I'm sure it will help her with the more extreme elements within the GOP.

Of course, Paul Aaroe would be there. So were her children.

She and Brian are both excellent attorneys who would be good on the bench. The people are lucky because they have a choice.

Anonymous said...

Thanks, 7:55 pm, because you hit the nail squarely on its head. I will add, I volunteered a lot in my 20s/30s, but as my career changed, coupled with raising a family, and other obligations, I didn’t have the time I had in my “youth.” To act as though Mr. Panella’s volunteerism somehow qualifies him for the bench is ludicrous. His campaign is a bench-grab, plain and simple. He is hanging on Dad’s coattails, will probably win, and will have a cushy gig for as long as he likes (unless Daddy opens other doors for him). I don’t care for the choices, but I would rather experience and someone who has paid their dues, rather than a well-connected neophyte.

Anonymous said...

Sorry Bern, but prothonotary desk clerks have more experience with the law than Brian Panella. The citizens of Northampton County deserve more than judicial candidates born out of nepotism. We can do better.

Anonymous said...

The dual problems in the Lehigh Valley legal community of nepotism and discrimination against younger “unprivileged” lawyers who choose to have families is both rampant and completely ignored by anyone who could do anything to stop it.

Bernie O'Hare said...

"Sorry Bern, but prothonotary desk clerks have more experience with the law than Brian Panella. The citizens of Northampton County deserve more than judicial candidates born out of nepotism. We can do better."

Interesting. Correct me if I am wrong, bnut wasn't the late Paul Aaroe a NJ Superior Court judge? So we have the son of a judge running against the daughter in law of a judge.

Let's drop the nepotism argument unless willing to apply it to Aaroe as well.

Experience. A lawyer with 32 years experience embraced a nonprofit coming to support her at her rally and they even displayed their banner, according to someone who must have been there. She should have known this is illegal. I know plenty of lay people with nonprofits who are very careful about avoiding political activity. One of these organizations is the NorCo Retiree Ass'n, which has received sage advice on this matter from their solicitor, Brian Panella. Experience is good. Knowledge is better.

Anonymous said...

What a God Awful picture.

Anonymous said...

Nepotism? Are you talking about Judge Koury? Or are you talking about MDJ Alicia Zito? Both elected, both the children of Judges.

Are you talking about Paul Aaroe? The guy advertises on his website that he’s the son of a Judge. Talk about Daddy issues, Paul Aaroe is the biggest wanna be there is.

Anonymous said...

Panella doesn't need the experience he has one thing she doesn't....the last name PANELLA.

Anonymous said...

No Bernie. When you’re presiding over people and their lives, experience with different types of individuals from ALL walks of life will always trump any knowledge you read in a textbook.