I received an email from NorCo Solicitor Missy Rudas that attempts to explain what the hell she was doing in Motions Court last week. I'll post her email and respond to it.
I’m writing to provide facts and to correct your post.
On Friday, February 2, I appeared before the Court to object Council Solicitor Christopher Spadoni’s petition and to defend the Home Rule Charter on behalf of the County.
At Council’s meeting on Thursday, February 1, their vote acknowledged that Council had reached an impasse and would let the Court decide. County Council did not vote to authorize a petition that would allow Council Solicitor Spadoni to appear in Court on their behalf. After the Council meeting, I approached Council Solicitor Spadoni to inform him that it would not be proper to appear before the Court with a petition. Filing a petition without Council authorization is a violation of the County’s Home Rule Charter and should not be considered in Court.
Additionally, I did not represent Commissioners Ken Kraft, Kelly Keegan, and Jeff Warren in Court. They have the authority to appear before the Court and file their own petition. They represented themselves, and I made no arguments on their behalf.
My Response: Judge Dally's "Statement of Reasons," which includes both the minutes of the meeting and a transcript of Missy Rudas' appearance before him, pretty much rejects her contentions. I have high regard for her, both as a lawyer and as a person, She is obligated to represent her client zealously, but simply had no standing.
Her contention (along with that of Council member Ken Kraft) that County Council never authorized the filing of a petition is flatly wrong. It's a misrepresentation of what occurred. As Judge Dally notes, "[t]the County Council minutes belie these assertions; at the February 1, 2024 meeting, Councilmember Kraft seconded the motion made by Council President Vargo-Heffner to petition the courts due to the impasse and ultimately voted yes on the motion. ... Ultimately, the motion to petition the Court was passed by a majority vote of County Council."
She contends that the Kraft-Keegan-Warren troika were on their own and she did not represent them. But according to the transcript, she appeared alongside them and advised the Court that they had their own petition to appoint Paul Anthony.
When questioned about her standing, she eventually declared that she had standing as a private citizen and as a taxpayer.
The only persons with standing are Council members, their legal representative or a collective of five registered voters. She is none of those, unless she cloned herself four times. It was a mistake for her to have been there.
Missy incorrectly advised the Court that County Council Solicitor Chris Spadoni was only representing Council President Lori Vargo-Heffner, and not Council as a whole. Spadoni was representing the will of Council as reflected by a 5-3 vote. That's the way majority rule works. Lori Vargo-Heffner's only role was to verify the petition as reflecting the will of a majority of the governing body,
Ken Kraft, who introduced himself for some reason as the former President of County Council, told Judge Dally under oath that "[w]e're here to serve a petition for somebody else, irregardless [sic] of this. But Mr. Spadoni was not given authorization to come down here and do this by a vote of full Council."
It's pretty clear that Spadoni was authorized to do exactly what he did. The notion that a separate vote is needed for each and every pleading filed in a court is on its face absurd.
In addition to petitioning the court to appoint Paul Anthony, Jeff Warren advised the Court that applicant Paul Anthony just happened to be sitting in the courtroom. Judge Dally twice told Kraft that the Home Rule Charter does not expressly authorize a Council member to seek appointment of a specific person. As I've noted before, a petition for appointment can only ask the Court "to fill the vacancy."
Judge Dally yesterday granted Spadoni's petition by appointing Jeff Corpora. He rejected the rubber stamp petition as moot.
It's pretty clear that Judge Dally was going to reject anyone like Anthony, Peter Melan or Kerry Myers because it would still result in a dysfunctional County Council. His decision to give the position to Corpora, a Democrat, was a nod to the argument that a vacated Council seat should be filled by someone from the same party.
Hopefully, County Council can finally get to work. It is time for Ken Kraft to realize that his hard-ball tactics have misfired. It is time for Jeff Warren and Kelly Keegan to realize that they were elected to serve the citizens of Northampton County, not Ken Kraft or Lamont McClure.
34 comments:
A lot of people got caught lying on this matter. I hardly believe that they were confused. What is sad, is that they will never apologize for their behavior. I have a hard time having any trust in them, council members (or whatever they call themselves) and the solicitor of the Exec. Lamont isn't looking so good anymore, especially compounded with the peoples' lack of faith in the integrity any election held in NorCo.
Barring McClure convincing some dope to appeal the judge's ruling for him, this is over. Now we will see if the gang of three represent Lamont McClure or the people of Northampton County. They must decide who it is they work for and represent. Kraft will not change, as he owes his loyalty to his boss, but the others have a choice.
At a minimum, Rudas should return a portion of her salary for whatever time was spent appearing (and preparing for) what she admitted in court was an individual matter (since she had no standing other than as a private citizen).
Additionally, she owes taxpayers an explanation as to whether there were any discussions with the Executive regarding her appearance in court, or if she gave any advice or assistance to Kraft, Keegan and/or Warren in the preparation of their petition.
On the latter point, I find it somewhat unbelievable that those three could have prepared the petition on their own. So if it wasn’t Rudas that prepared it, then who?
Dopey foolish lawyer sent on fool's errand by conniving asbestos lawyer who was to slick by half for his own good. She was used by a wily old guy and looks absolutely ridiculous. Welcome to adulthood and dirty politics, ma'am. Don't be so stupid next time. Good grief, what a rube.
*too
As I've indicated several times, I have high regard for Missy Rudas, both as a person and as a lawyer. I have known her since she searched titles as a high school student and she is one of the nicest people out there. I have seen her help numerous people over the years, often on her own. She also has an obligation to represent her client (the county) zealously, and certainly does so. But years of legal practice take their toll on common sense. No layman would dispute that a vote to refer an appointment to the courts means that precisely. Only a lawyer could postulate that this therefore means that a second vote is necessary on the precise pleading. Also, she probably should not have appeared alongside the three pro se applicants or advised the court what they had to say since she did not represent them. I am bashing the position she took, but not Missy.
Ken Kraft did flatly mislead the court. But even he later clarified that what he meant was that a second vote was needed. If he felt there was a separate need for a vote on the actual petition, he had every opportunity during the meeting to request one. He seemed to be satisfied with Spadoni's explanation of what he would do after the vote to refer passed, but then pulled the stunt that backfired.
"On the latter point, I find it somewhat unbelievable that those three could have prepared the petition on their own. So if it wasn’t Rudas that prepared it, then who?"
It was clearly prepared by an attorney familiar with Pa. practice. But the Council members represented themselves.
"Barring McClure convincing some dope to appeal the judge's ruling for him, this is over. " - An appeal could be brought on the basis that no legitimate petition was filed and there was therefore nothing before the court to trigger the appointment. If that happens, and single member of Council can simply go to court with the motion and ask the court to fill it, and the court can then confirm its previous action. An appeal could also be brought on the basis that the court abused its discretion. But given that the court can appoint anyone who is a US citizen who has resided in the county for a year prior to the commencement of the term, it could have appointed a six-year old child without abusing its discretion. That appeal would fail.
Rudy's was either dishonest of unethical. Neither trait is admirable. I would hire her if she was the last shitty lawyer on Earth. What a mess she made of her reputation. Lamont played her like a violin and she looks like an idiot.
" Lamont isn't looking so good anymore, especially compounded with the peoples' lack of faith in the integrity any election held in NorCo."
McClure has done a lot of good things in Northampton County that have actually saved lives. But he is a victim of executivitis, a disease that afflicts nearly every executive. They begin to believe they can do no wrong and start to view Council, Courts and DA as annoyances rather than separate branches of government and independently elected officials.
It makes sense that he'd want a council that supports his agenda, but council members have an obligation to give the citizens they represent their best judgment, not blind loyalty to the exec. Also, an exec needs a strong cabinet who will tell him when he is wrong and will counter his forceful arguments. In this case, the advice should have been to back off instead of trying to push through an ally who was clearly unacceptable to four Council members. He and Ken Kraft actually undermined public confidence in our county government with these hard ball tactics at a time when public confidence is already weakened by a bad election.
As I've said many times, there needs to be a reset between Council and the Exec. That means Ken Kraft has to stop sniping at Vargo-Heffner at every opportunity. That means McClure's staff needs to be more cooperative and respectful. That also means that when McClure wants to give a handout to Council members, LVH should let him do so instead of trying to stop him, something she would never do to a ordinary citizen. They are all at fault here. But they can fix things and move forward.
kk should petition the court to change his name to tRUMP - he lies just like don the con
Kraft will forever be known as a documented liar. He's been a lifelong liar. It's good to have official documentation for his future generations to assess his weak timber. Please Google him and find this post. Sorry grandkids. Pop pop was a lying slug.
I'm just happy Paul Anthony didn't get the appointment. It's obvious part of his job responsibilities with IBEW Local 375 is to be a political force in the Lehigh Valley. His appointments to the Chamber and the Airport Authority are examples.
So think of that - the Union is paying Paul to be their representative on these boards, and he tried for Northampton Council as well. You think he's representing taxpayers or members? Like hell. He's representing unions.
Enough.
I am a registered Democrat, and I am thoroughly disgusted at Kraft's appearance in court as well as his misrepresentation (lie). He acted no better than the unethical politicians that litter the US Congress. It is hard to understand, and disappointing, that Ms. Rudas took the position she did, as a seasoned professional.
Kraft is a political opportunist and will stab anyone in the back to get ahead. He has a history of lying and scheming to move ahead, all the way back to when he was a lowly painter and screwed his non-union company. Hope they charge him with perjury.
How exactly is what Kraft did not perjury? Was he not sworn in at the Friday hearing on the Petitions?
Kraft was sworn in. He did misrepresent what had happened but I believe it was more of an inartful way of expressing himself than it was a material lie. he misrepresented that the vote had only declared that Council had reached an impasse although the motion he seconded was a motion to refer the matter to the courts. He later stated that there was no vote on the specific petition presented, but there did not need to be a separate vote.
"when he was a lowly painter"
Last time I checked, painting is an honest job and all jobs have dignity and the people doing them are not "lowly."
I'd suggest you call Dally and ask him if it bothers you that much. He does return calls. As far as I am concerned, he followed the law and was more transparent than he needed to be. He could have just entered an Order. It is obvious he ruled out the 20 who applied bc they could not get the votes. It is equally obvious he looked for people within his own circle who he felt would be suitable. And he picked a Dem bc the vacant seat was held by a Dem.
I’ve known Ken since I was a kid and anyone who knows him well, knows he’s got integrity. I’ve never known him to lie and I’ve known him a long time. He’s a loyal friend, hard worker and someone who will stick his neck out to do what’s right.
I'm.glad to know he is loyal to his friends. I for one was directly lied to in a situation that could have been handled very differently.
Ken is known by his actions, and they speak volumes on county government. He wants to be as smart as his peers, but he just isn't.
I’d venture to guess your the liar. I know the painting contractor you mentioned and exactly what down with the union.
Did the troika or Rudas make a public apology yet?
JJ Cordi, Instead of an apology, it is my hope that all members of Council make an effort to work with each other. I am also hoping for a long-awaited reset of the fractured relationship between Council and the Exec.
Bernie, you may have respect for Missy Rudas as an Attorney but you seemed to miss something when it comes to her truthfulness. The three Council persons and Rudas misrepresented why they were in front of the Judge. Also, everyone knows she is on the payroll of the County Executive Mr. McClure and she was there to do his dirty work. The sooner people realize that McClure is unfit for office and vote him out, the better off all of us will be.
MAGA 2024!!!🇺🇸
I'm a lowly taxpayer on a fixed income.
Mr. Barron, please stop continuing to spin this sordid display of trying to find fault with others for your bosses failed coup attempt. You may have gone to law school, but you are not a lawyer. You are not as smart as your boss, and you never will be. Stick to posting attack comments for him and making sure the county website is more of a campaign ad than an actual county website. You are his gopher and cover guy and nothing more.
"Bernie, you may have respect for Missy Rudas as an Attorney b"
I respect her as an attorney AND as a person, and I have known her a very long time. She argued that Spadoni was representing Lori-Vargo-Heffner, but not the body. But Chris was representing Council as a body, and Lori was only the verifier of the petition. She argued Lopri should have been there, but that was not a requirement. Her verification sufficed. She lacked standing, but I believe she was honest. Kraft misstated what happened, both to the press and to the judge, but I believe he was just a bit inartful.
Wow, Kraft misstated and inartful..certainly gave him cover for the heat he deserved..he’s a bully and loyal to his McClure paychecks.
It is one thing to say Kraft misled the court - he did; it is quite another to say he did so intentionally - that would be a crime. I am unwilling to go that far. But he should be more careful when he's under oath, as he was.
Kraft knows the ropes, you are generous with your words, maybe still responding as a lawyer in a conservative manner, as not to be sued. I say give him the rope and not a free pass on a mistake . McClure would throw him under the greyhound, just like Dertinger.
Well, LVH wants LM’s job, KK wants LVH’s job, the 3 Republican amigos are sitting back waiting for the rubber stamps to fall on their face, again. RH is trying to ride a fence with no balance. The new guy has little to no clue about the antics of this council, but he claims he wants to set things right…. You are quite an optimist.
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