"If anyone tries to tell you that judges are apolitical, tell them to call me. In my 26 years as a practicing lawyer, I have learned that judges are probably the most political animals in the political and legal jungle. Not all of them, of course. But many come to their positions with the same prejudices and bias that we all have from our life experience. The donning of the black robe allows them to hide behind the law while forming their own ideas of how things should be."
The author of that book is John Morganelli, who now sits on the bench himself. In my view, many judges do more than hide behind the law. They actually exalt themselves above it. An example of this comes from President Judge Craig Dally's decision to hire a private security firm to assume the role of youth care workers at the Juvenile Justice Center. He did so without first submitting the contract to the Executive, as required by the Home Rule Charter. (Section 302 (4)).
I learned yesterday that these "temporary" workers are performing the exact same functions at the youth care workers who are there and are paid $4 per hour more. No effort has been made to reach an agreement with the AFSCME union that represents these youth care workers. On its face, this is union busting, an unfair labor practice. This could explain why the President Judge chose to ignore the express mandate of the Home Rule Charter. Human Relations would no doubt blow a whistle. Judges apparently think they can ignore our county constitution because they think they are above it. Let me give you another example.
Under the express terms of our Home Rule Charter (Section 909). the county must provide "personnel services, supplies, facilities, and financial support to the Court and the minor judiciary," and " upon such reasonable terms and conditions as the County Council deems appropriate." The County Exec and County Council, not the Courts, are vested with the power to delineate the "procedures for purchasing goods and services ... ." (Section 901(3)). Basically, the Executive and County Council have the responsibility to make sure the court has what it needs to operate. But the court itself has no such power.
As part of this mandate, the county has been replacing the carpeting for the judges on an annual rotating basis in each of the judges' chambers. In doing so, the county uses prequalified vendors who have been approved by the state to ensure good quality at a reasonable price.
Apparently, this was too slow for one of the judges, who wanted his carpeting replaced now, even though he is retiring at the end of next year. So court administration went out and took it upon itself to order the carpeting at God knows what expense because it went outside the state approved vendors. What's worse, it hired outside contractors to lay the carpeting. Even worse than that, it opened up a secure side door for the contractors to come into and out of the sanctum sanctorum that is supposed to be reserved for judges and judges alone.
This type of behavior just drips with judicial arrogance. I'd be tempted to lock the side doors to one and all, including the judges. But this happened on a Friday, when only one judge was even at the courthouse.
Updated: 9:35 am: Before publishing this story, I should have contacted court administration. That was poor journalism on my part. This morning, Court Administrator Jermaine Greene contacted me. There is another side to this story, which I should have sought.
Greene disputes the county's claim that it is replacing judges' carpeting on an annual rotating basis. In fact, he said the last time a judge's carpeting was replaced was when John Morganelli was coronated as a judge in 2020. He said he had been requesting the county to replace the carpeting for one of the judge's chambers for the past three years. Nothing happened. So he had the carpeting replaced himself.
Greene goes on to say that he did seek three bids for the carpeting and went with the lowest bid, which was lower than the vendor who replaced the Executive's carpeting.
He also went on to tell me he has been seeking new carpeting for the jury lounge, which is where prospective jurors wait to be called into a courtroom. He indicates those requests have not been answered.
Under the Home Rule Charter, the county does have an obligation to meet the "reasonable needs" of the courts, and I'd agree that replacing a filthy carpet is reasonable.
Greene acknowledges that he did allow the contractors to enter the courthouse through a side door reserved for judges exclusively. He said that won't happen again and was a mistake on his part.
So are the judges above the law? Or am I a lousy journalist? Perhaps a little of both.
34 comments:
Since the administration is feeding you all this information, maybe they could explain why they are dragging their feet on union negotiations. Everyone is aware of the "take it or leave" management style of McClure. He doesn't understand negotiation or cooperation. He uses it everywhere with everyone. If he paid less attention to all his PR events and photo ops, he might actually do something meaningful.
The county council has been told by the executive to stay out of pay issues. McClure believes in consolidated power, his. So, keep writing the pieces fed to you, but sometimes you need to look behind the curtain of your boy. Like the fluff in his Bond issue.
HAHAHAHAHAHAHA! This is the big story?
A judge wanted his carpeting replaced before he retired so court administration found a vendor that could do it faster than one of the “prequalified vendors”? And you don’t even know what it cost?
Maybe the “prequalified vendors” should wonder why the they opted for someone else, and you should find out how much extra this allegedly cost before spouting off.
And you cite court administration opening a side door (for the vendor to do their work) “that is supposed to be for judges and judges alone” as a sign of judicial arrogance? Isn’t it more arrogant to have a door that only judges can use?
My what a Fantasyland you live in! Your hand must be cramping from all the pearl-clutching you’ve been doing lately.
All County employees are currently under contract. Two unit’s agreements expire at the end of 2024. Those negotiations have already started. In fact, there were bargaining sessions with those units yesterday. You’re either ignorant, a liar or both.
County Council will be all over this, right ? Unless the Prez has a conflict of interest when it comes to the courts ?
Privatization is the future of this county if McClure continues as executive. Low pay, staffing issues and increased workload are forcing more employees away from the county. I wouldn’t be surprised if in the next few years you begin to see private security to help supplement for lack of deputies at security posts, outsourcing at the 911 center and gracedale, and most likely the privatization of NCP. The county cannot simply not sustain its current course. It’s not politics it’s just poor leadership
does nothing else happening in the Valley that we need to focus on judges? how about talking about the raid on MindLeaf?? oh that doesnt align with your views i suppose.
Several County executives hated each other. They would all be united however, in their contempt of the judiciary
Judges stepping out from under the law, legislating from the bench, etc. is becoming quite the topic recently, hasn’t it? From the smallest of local government Charters, as in this example, all the way up through our United States Constitution we see apparent violations of some degree.
We do have people willing to identify and call out such things for our protection, much as you have done here, Bernie. Unfortunately, those raising an alarm are often met with denials. Next, they are quickly attacked by others and called silly names. Too bad.
Baratta is a hard worker. He’s at the courthouse from Dawn till Dusk !
Thanks for covering this story, Bernie. As is all too typical, we are seeing the failure of the local media to pay attention to local government and the abuse of our tax dollars.
The same people who can’t walk the halls without armed guards are making the rest of the employees unsafe by letting people who are not screened through side doors. This is an outrageous breach of security.
What I like about your blog, Bernie, is that you admit when you make a mistake and don’t take credit for things when given tips. With that said, I’m disappointed in the current crop of judges. There certainly seems to be a reluctance to try cases and whether that is the failing of the DA’s office or courts, I don’t know. If you have attorneys who just look for plea deals, rather than jury trials, I see that as a weak (and perhaps lazy) way of doing things. Just yesterday, two lowlifes were allowed to take a plea for the death of a toddler. Disgusting, especially since there were reports that the “mother” birthed that, and other, children who were impacted by her appetite for drugs. We have a DA’s office without a backbone and judges who are spending time lowering their handicaps, rather than throwing the book at people like the aforementioned creeps.
A judge is retiring next year? Will there be an open seat on the ballot for CCP in 2025? Has there been an appointment for the late Judge Smith federal seat in Easton yet?
annon 5:48, you need to get more sleep in order to follow the Executive around with your camera. Being in "negotiations" does not mean the Executive is really negotiating anything. His stalling techniques are well known, if he doesn't want to do something he makes sure there are reasons not to do it. Ask anyone who has to deal with him.
Liar it is.
Greene admits he put everyone at risk, so some dandy Judge could have new carpet ? A guy who’s retiring no less ?
6:45 am: Your tongue was firmly in cheek, yes? As for the “filthy rug,” suck it up buttercup and call Stanley Steemer.
I never thought I would say this….but Greene is worse than Onembo in many ways
How much more disrepute does this Court intend to suffer at the hands of Mr. Greene. This is only the start.
All this talk of carpet munching throughout the courthouse by Greene and the Judges is nauseating.
Democrats use the courts as a weapon Democrts are real threat to democracy in this country NOT TRUMP
12:54 pm: It would be interesting to know how many criminal cases have gone to trial in the last five years and the win/loss record. I don’t recall any jury trials during the past year or two.
Bernie, is there a way to track down this information?
Bernie
I would say that is excellent journalism, I credit you for admitting a mistake and correcting it. You have ethics in my book
He’s only there to make it look better for himself as an offset when it comes time for his sentencing. You need to be asking the tough questions, like what was the true reason he was secretly forced to resign by the Judicial Conduct Board, and why he had been so willing to weaponize his judicial power as a favor for his friends.
McClure is taking care of the courts with the same care as the Louise Moore shitters. You are a failed and dishonest lawyer. Now, you are a failed and dishonest journalist. See a pattern, folks? Dally and Morganelli have more decency in their bowel movements than you will ever have.
DAs office had multiple trials ready with 30+ witnesses. The court allowed defense to push all of the trials scheduled. This bench is unusual in its seeming desire not to try cases. Other nearby jurisdictions have judges willing to try several in a week. Certainly multiple in a month.
In a well functioning DAs office, most cases are well investigated and result in guilty pleas. Factual close calls yield trials. Ask anyone in the business and you’ll learn that DAs offices with high win records often nolle pros losers and refuse to negotiate a reasonable plea on winners. It’s all for DA ego. Good DAs are judged by analysis of total dispositions. And it’s not an easy numbers game. If a DA isn’t caving on important cases, you’ll see pleas to more serious charges on an Information. And the very fact that some tough losing cases get to trial can be a sign of a DA seeking justice.
I appreciate the depth of your reporting and bringing to light issues that may appear to be minor but are really more far reaching. LV and ABE need a voice.
7:00, It is quite easy to track. I don't have a month-by-month analysis, but jury trials are far fewer now than they were when I practiced. I know many lawyers who have never tried a jury trial. There are numerous reasons for this. It is not simply bc judges are too lazy or because prosecutors are backlogged. The incentives are simply too great for a non-trial disposition. It could be ARD, problem-solving courts or the relative certainty of disposition that influences someone against a trial. I think it might prove helpful to do a story on this topic once I've brushed off my rug burns.
"He’s only there to make it look better for himself as an offset when it comes time for his sentencing. You need to be asking the tough questions, like what was the true reason he was secretly forced to resign by the Judicial Conduct Board, and why he had been so willing to weaponize his judicial power as a favor for his friends."
This is an absurd allegation with zero proof from a disgruntled litigant. I can personally attest that, when he was on the bench, Baratta was the hardest working jurist by far. In fact, and I told him this, I think he worked too hard and that made him irascible at times. You can criticize him, but not his work ethic.
Well if I was you I would start looking into the jail. After what Lamont and HR tried yesterday you are going to need the national guard to come in soon.
annon 10:48, Good Luck! Bernie is not one to look behind th McClure curtain when it comes to the misadventures of this administration.
Even if a judge is leaving, he doesn't take the carpet with him, a new judge moves into the space. Use your head folks.
The term sycophant comes to mind.
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