Two LV Judges Ponder State Superior Court Races

Two Lehigh Valley jurists are currently pondering a run at the State Superior Court. They are Northampton County Judge Emil Giordano, who is serving his second ten-year term; and Lehigh County Judge Doug Reichley, first elected in 2011. Both are Republicans.

Between the two of them, Judge Giordano is by far the more experienced on the bench, while Reichley's ten terms as a State Rep. might give him better connections with State Committee members.

I know and like them both. But to me, this is a no-brainer. Judge Giordano, both of whose parents came here from Italy with little more than the shirts on their backs, is very much unlike your typical judge. Most of them tend to think they've become gods, but Judge Giordano has never assumed any of the airs you sometimes see in others. He has the courage to say he does not know the answer to everything. At the same time, as is the tradition in Northampton County, he shows great respect to all people who come before him, This is a trait he no doubt learned from his parents.

He shows this same respect out of the courtroom as well. His has been a life of service. He particularly excels at coaching. One of his players was my grandson, who adores him.

I have no desire to slam Reichley, whom I consider a man of conviction and courage. Either would be excellent. But I prefer the judge with a heart.

We already have Judge Jack Panella sitting on the Superior Court, but I'd like Lehigh Valley judges occupy all fifteen seats.

Grammes' Family Supports McCarthy For Judge

Former Lehigh County Comm'r Marc Grammes, and his family, will be voting for Dan McCarthy for judge on Tuesday. Here's why.

Dear friends,

If you drive by our house, you will see a Dan McCarthy for Judge sign. Please allow me tell you a little bit about Dan and why our family is supporting him. Dan is a FAIR and HONEST man of HIGH INTEGRITY who is the ONLY candidate rated WELL QUALIFIED by the Bar Association of Lehigh County to serve as Judge, people who know Dan AND his opponent. As a veteran and a father of a decorated combat hospital corpsman in the war in Afghanistan, I support Dan in his efforts to establish a Veterans' court to deal with the special situations that our veterans face. Dan has built a sterling reputation as an accomplished attorney and an involved citizen and community volunteer. His deep understanding of the law has helped countless families, small businesses and community causes. HE SHARES OUR VALUES! In addition to being a practicing lawyer, Dan is now in his 10th year serving the people of Lehigh County as a County Commissioner. We spent countless hours together trying to find ways to create a better Lehigh County. He was selected to oversee our Board as Vice Chairman. In a climate of political partisanship, Dan's mature judgment was and is a breath of fresh air. He has over 35 years as a successful local attorney building his reputation for fairness RIGHT HERE in Lehigh County..NOT Harrisburg. Please join my family and I next Tuesday in our support of Dan and vote for DAN McCARTHY for Lehigh County Judge of Common Pleas.

Sincerely,
Marc, Liz, Tim, John, Joe, and Laura Grammes

Dan McCarthy Believes His Experience Makes the Difference

I asked Lehigh County Commissioner Dan McCarthy, who's running for judge, why voters should choose him over Doug Reichley.

Well, it goes down to experience, Bernie. Essentially, I've been a practicing attorney for more than 35 years. I've had a lot of clients. I've had a lot of cases, and I represent a lot of causes.

The experience I have is very broad - civil, criminal, orphans' court, municipal, all areas of the law. It is that kind of experience, that I have, that I believe distinguishes me from my opponent, who's been a full-time legislator for 9 years.

He's been well-known in his District. Many of the people in his District, though, are our good friends and neighbors from Berks County. My constituency has been Lehigh County.

I'm working part-time for the citizens of Lehigh County now. I'd like to ask my employers to permit me to work for them full-time and be a judge, a good judge, a fair judge, and take my experience and knowledge of the community and do a good job there.

Reichley Delivers Reality Check at State Budget Forum

OK, so he's not going to make the cover of GQ anytime soon. When he does speak, he's a tad on the dry side. But of the for four State Representatives who appeared at a CACLV-sponsored forum in Southside Bethlehem last week, it was Doug Reichley who impressed me most. Sure, he looks as though he'd rather be going through root canal. But he listened to what people had to say, from Safe Harbor resident Tiffany to environmental activist Don Miles. Through it all, he insisted he would oppose any attempt to increase taxes. But he listened.

You can read my story about that forum over at Easton Patch. Alan Jennings, a strident advocate for the voiceless, packed Fowler Community Center with LV residents under the budget axe.

State Representatives Joe Brennan, Bob Freeman and Steve Samuelson were the three Democrats on this panel. All three are sponsors of the Delaware Loophole bill, which could bring an additional $500 million into state coffers, while lowering the corporate net income tax from 9.99% to 7.4% over three years. All three Democrats also support a severance tax on Marcellus Shale, while Reichley prefers an "impact fee."

According to Reichley, Corbett's budget is just a "proposal." He prefers a more "balanced approach," and hinted that an "impact fee" might generate some additional revenue, but not enough.

But no tax hike. "I was at a candidates' night last week of school board candidates where four of them promised they will not raise property taxes to abounding applause from, primarily, seniors. So we're gonna' have the Armageddon of school district battles in East Penn of people who are opposed to tax increases against people who have kids in school. And that's as it should be. There's no more ducking this issue. We overspent the last few years."

Reichley added that Republicans are looking at a proposal, down the road, of eliminating all operating money that goes to state related colleges, including community colleges, and giving the money to PHEAA for grants to families and students "to put the bargaining power back in the hands of the families who are paying the tuition, and create competitive pressure on the institutions to provide you the best bargain."

You can read more about the proposed cuts to education, environment, human services and weed 'n seed at Easton Patch. Everyone present had sound suggestions. And Joe Brennan announced his legislative district, in which the forum was held, has been rated the best legislative district in the universe.

I personally would support the Delaware Loophole and either an impact fee or, preferably, a severance tax. Legislators need to enact legislation reducing the number of school districts. They did it once before in the '60s, reducing school districts from 2,000 to 500.

Three Law Enforcement Groups Back Reichley Judicial Bid

Lehigh County judicial candidate Doug Reichley, a former assistant DA in Lehigh County and Philadelphia, has garnered the endorsement of three law enorcement organizations.

Harry R. Dannehower, III, President, FOP Lodge 40, Joseph J. Haggerty Memorial Lodge: "We are confident Doug Reichley will continue to work to ensure the safety and well-being of those who live and work in the Lehigh Valley. We offer our support and voice as he seeks to become a Judge in Lehigh County. We are proud to announce the endorsement of Doug Reichley.”

Bruce A. Edwards, President, PA State Troopers Association: “Your experience as an Assistant District Attorney in Lehigh and Philadelphia counties, your years of service in the Pennsylvania House of Representative as a leading advocate for criminal justice legislation and your strong work ethic are qualities important to our members. I am privileged to inform you that our members have unanimously endorsed your candidacy for election as judge … .”

Gene Hatcher, President, Le-Hampton FOP Lodge 35. “Doug’s past and present contribution to our community, as a former Assistant District Attorney and current Legislator, have served the citizens of Lehigh County well. Therefore, FOP Lodge 35 FOP strongly recommends Doug Reichley for Judge.”

Reichley, of course, is “extremely proud to have earned the support of these respected law enforcement organizations, and am happy to have worked with our police to serve and protect the people of Lehigh County.”

Reichley is running for the seat being vacated by Judge William Platt. Lehigh County Commissioner Dan McCarthy, Assistant DA A. Renee Smith and Melissa Pavlack are seeking that judgeship as well. All four candidates have cross-filed.

Reichley Gets BiPartisan Support of House Judiciary Co-Chairs

“In our many years of working together as chairs of the House Judiciary Committee, we have had the privilege of working with some of the sharpest legal minds in our Commonwealth. Few have the legal acumen Doug possesses, and we believe his vast knowledge of the law, gained over many years, renders him uniquely qualified for the bench.”

Those are the words of Pennsylvania State House Judiciary Committee Republican Chairman Ron Marsico (R-105) and Democratic Chairman Thomas R. Caltagirone (D-127), who have just endorsed Doug Reichley's bid for Judge of the Court of Common Pleas in Lehigh County.

When Reichley sent me this bi-partisan endorsement, I teased that maybe they're just trying to get rid of him. But the truth is that Reichley is an experienced and accomplished attorney for nearly twenty years.

As a Lehigh County Assistant District Attorney for 11 years, he earned a reputation as a tough but fair prosecutor. He argued nearly seventy jury trials to verdict, including more than eight homicide cases, placing numerous dangerous criminals behind bars for life.

So if you think that Reichley is unqualified for this position because he is a State Rep who has little time for the courtroom, think again.

Reichley has some serious competition from Commissioner Dan McCarthy, Assistant DA A. Renee Smith and Melissa Pavlack. All four candidates have cross-filed.

Will Stevenson Be Included in Reichley-Slattery Debate?

On Wednesday night, at 7 PM sharp, the LV LWV will host a debate between incumbent State Rep. Doug Reichley and challenger Patrick Slattery, a Democrat. It will be at the Clock Building
322 Main Street, Emmaus.

What about independent Carl Stevenson? A Commonwealth Court decision tossing him off the ballot has been sent back by the State Supremes, who were none too pleased that the First Amendment was totally ignored. Stevenson gets a second bite at the Commonwealth Court apple today.

Reichley had challenged Stevenson's nomination papers, claiming he had too few signatures and that he was using a nonresident as a circulator. Since the state is under a federal injunction requiring them to allow nonresidents to circulate nomination petitions, the only question left is whether he has enough signatures.

Carl Stevenson's Ballot Access Challenge Kicked Back to Commonwealth Court

I've told you about independent Carl Stevenson's battle for ballot access. About a month ago, Commonwealth Court Judge James Kelly nixed his nomination petition challenging State Rep. Doug Reichley because 97 petition signatures were obtained by Jake Towne, who does not live in the district ... or on Planet Earth, for that matter.

Using surrogates, Doug Reichley challenged Stevenson's nomination papers. A conservative independent, Stevenson might siphon votes that would otherwise go Doug's way, giving Democratic challenger Patrick Slattery an upset victory. For that very reason, Slattery became a Stevenson champion.

Reichley defended his maneuvers, arguing that allowing Stevenson to stay on the ballot would be like having three teams in a baseball game. But this is no baseball game. Under our electoral system, there can be numerous candidates for one office.

In removing Stevenson, Judge Kelly ignored a federal case decided by Northampton County's very own Franklin S. Van Antwerpen, who now sits on the Third Circuit Court of Appeals, just one notch below the U.S. Supreme Court. VanAnterpen ruled that petition circulation is "core political speech" because it involves "interactive communication concerning political change."

The ACLU took up Stevenson's banner, and yesterday, the Court of Final Error vacated Judge Kelly's decision and ordered an immediate hearing on whether Stevenson has enough signatures. "The court never entered any substantive evaluation of First Amendment principles to support its rejection of appellant’s argument, and the cases it cites likewise do not engage the merits of appellant’s First Amendment argument." Judge Kelly was chastised for striking Stevenson from the ballot "without engaging his arguments in meaningful fashion."

The Court did avoid making a Constitutional determination because "we do not have responsive advocacy addressing the merits of the First Amendment challenge to the statute. However, recognizing the importance of the question, its potential to recur, and uncertainty," the High Court retains "jurisdiction to issue a supplemental decision, or direct further briefing, if such course proves advisable upon further consideration of the issue."

So Stevenson gets a do over, and Reichley has egg on his face.

Slattery Asks Reichley to Drop Ballot Challenge

I've told you that the ACLU has taken up Carl Stevenson's banner in his quest for ballot access to the state house seat held by incumbent Doug Reichley. Briefs were filed yesterday. But Reichley's Democratic opponent, Patrick Slattery, is calling on Reichley to withdraw his challenge to Stevenson's nomination petition.

This challenge is based on a complaint that Stevenson's petition was circulated by a nonresident. But Judge Frankin S VanAntwerpen has ruled, in a federal case, that a residency requirement unduly infringes on free speech and free association rights. Petition circulation is "core political speech" because it involves "interactive communication concerning political change."

In his news release, Slattery argues, "If that’s enough for the federal courts, it should be enough for Mr. Reichley." Of course, Slattery is hopeful that Stevenson will draw Reichley votes and Reichly is just as obviously worried by that possibility.

But Rick Orloski said it best. "Voters should decide elections, not judges."

Thanks to ACLU, Stevenson Going Into Extra Innings With Reichley

Carl Stevenson, an independent candidate for the state house seat held by State Rep. Doug Reichley in the 134th District, was last week removed from the ballot by Commonwealth Court Judge James Kelley.

Using surrogates, Doug Reichley wanted Stevenson off that ballot. This conservative independent might siphon votes that would otherwise go Doug's way, giving Democratic challenger Patrick Slattery an upset victory.

Stevenson had more than enough signatures. But the person who did most of the circulating, Jake Towne, lives outside the state house district. Now, according to our state election laws, that's a no no. But former Northampton County jurist Franklin Van Antwerpen, who now sits on the Third Circuit Court of Appeals, ruled in 2002 that this requirement unduly infringes on free speech and free association rights. Petition circulation is "core political speech" because it involved "interactive communication concerning political change." In fact, he pointed to a Supreme Court decision ruling that circulators need not even be registered voters.

What's even more amazing is that the state elections bureau told other independents, like Manchurian Candidate Jake Towne, that they could use circulators from outside their district. Stevenson supplied me copies of the emails, but get this. He asked me not to use them becaue he has no desire to embarrass state officials who were only trying to help.

I told him they should be mentioned on every page of his brief.

Jake Towne relied on this advice, too. This means that many of his signatures are arguably invalid. But LV Congressman Charlie Dent, who takes no one lightly, filed no challenge. He's willing to let voters make the call. Doug Reichley should have followed Dent's lead, but instead used baseball metaphors, complaining about three teams.

Last time I checked, there's more than two teams in MLB.

It looks like this one's going into extra innings. The ACLU just notified Stevenson they'll appeal on his behalf.

Conservative Doug Reichley Standing With SEIU?

I was surprised to see State Rep. Doug Reichley at today's SEIU rally, protesting DPW's decision to close Allentown State Hospital. But as he quickly made clear, "This isn't a Republican or Democrat issue. This affects people's lives ... ." Reichley also pointed out that it is his office that actually blew the whistle on this anticipated closure.
Blogger's Note: Blogger commenting enabled.

Table Games Clear Major Hurdle in State House

Last Wednesday night, State Rep. Joe Brennan, D-Lehigh and Northampton, rolled home somewhere around 3 AM. No, he wasn't out bar hopping, but was instead involved in a lengthy debate over table games in the state house. Not only was the state House deadlocked, but Joe had to back in Harrisburg the very next morning.

Fast forward to today, and the state House finally passed legislation to permit tables games like poker, blackjack and roulette at Pennsylvania's 14 licensed slot-gaming facilities, including The Sands Casino-Resort in Bethlehem.

Joe voted for this measure because it presents "a real opportunity to create jobs in our area at a time when so many people are losing jobs or already are on unemployment. It spurs economic development to make possible thousands of new jobs across the state while simultaneously providing the necessary revenues for our budgetary needs."

The bill (S.B. 711), which also addresses a number of reforms to Pennsylvania’s gaming industry, is a component of the revenue package necessary to fund the 2009-10 budget state lawmakers completed in October. The measure is expected to raise about $320 million for empty state coffers over the next two years, Brennan claims.

As amended by the House, the legislation would allow Category 1 and Category 2 licensed slot facilities to operate up to 250 table games at any one time, while Category 3 licensees could operate up to 50. Category 1 licensees include racetracks with slot machines, while Category 2 licensees are stand-alone casinos.

Casinos would pay a one-time fee to be authorized for table games, $16.5 million for racetrack and stand-alone casinos and $7.5 million for resort casinos.

Table games licensees would be required to pay a total tax rate of 16 percent on all gross table game revenues, with 14 percent going to the state, 1 percent to the host county and 1 percent to the host municipality. The state share of table games revenue would go directly into the state’s General Fund for budget needs until the state’s Rainy Day Fund balance surpasses $750 million. After that, all table games revenue would be allocated for property tax relief, along with the revenue from slots.

"Throughout Pennsylvania, the addition of table games has the potential to create more than 10,000 direct and related jobs and provide $1 billion in economic output annually," Brennan said. "It also keeps Pennsylvania dollars at home by attracting customers who otherwise may travel out of state – and continues to provide hundreds of millions of dollars for property tax relief across the state."

Another local state house member, Rep. Doug Reichley, R-Lehigh, opposed this bill. He derided a provision that would benefit Scranton's Commonwealth Medical College, whose board includes Louis DeNaples. Perjury charges were dropped against DeNaples earlier this year. "This is another example of literal game-playing going on with this legislation," says Reichley.

Senate Bill 711 now goes back to the Senate for consideration.

Green Vehicles Displayed in Macungie on Sunday

Ordinary gas cars and trucks - converted into quiet, non-polluting, "green" vehicles - will be displayed by their owners at Macungie Memorial Park (Rte 100 & Poplar St) on Sunday, May 3, 10 AM - 4 PM.

Owners will also explain "How and Why I Converted My Car to Electric." State Representative Douglas Reichley (134th District) will kick things off.

Five Lehigh Valley Legislators Demand Civil Discourse in Harrisburg

On Wednesday, June 27, I emailed thirteen members of the LV delegation to the state house and senate with one simple request. I asked them to condemn sexist and misogynistic comments made on this blog by state senator Lisa Boscola's chief of staff, Bernie Kieklak. Email went to senators Pat Browne, Jim Rhoades, Rob Wonderling, and representatives Karen Beyer, Jenn Mann, Joe Brennan, Doug Reichley, Steve Samuelson, Bob Freeman, Rich Grucela, Craig Dally, Julie Harhart and Carl Mantz. I was careful to send a copy of each email to Boscola. The text of my message is here.

This is budget season, which undoubtedly explains the severe weather and other strange occurrences as state legislators vainly try to solve our annual fiscal dilemma before darkness envelops us all. It's probably the worst time of the year to ask our Harrisburg team about anything else.

But amazingly, five of our state legislators have come through. They've found time to share their displeasure with Kieklak's comments. They also disagree strongly with Express Times Editor Joe Owens' assertion that Kieklak's brayings are typical of "what is said at every Harrisburg, Trenton and D.C. saloon within walking distance of bureaucratic fatcats." I thank them for being leaders and having the courage to speak out.

1) State representative Doug Reichley:

Thanks for your e-mail. As you probably saw, I was quoted in the Morning Call as stating the purported dismissal of Kieklak was warranted and "good riddance." However, I am unaware of what this Joe Owens person wrote or what he was trying to imply about how the legislators in Harrisburg talk amongst ourselves. I can tell you if he is trying to compare to what Kieklak wrote to how we speak, he is dead wrong.

I will talk to other Republican House members about a public response, but I did note last week in speaking with Charlie Dent that if Kieklak's comments were anti-African American or anti-Semitic, I don't think Sen. Boscola could have weathered the storm this easily. For some reason, there seems to be a double standard in place.

2) State representative Karen Beyer

Thank you for emailing me. I wanted you to know that I believe the comments made by Sen. Boscola's Chief of Staff were outrageous and disgusting. Additionally, you should know that I believe those kinds of comments should never be tolerated under any circumstances.

3) State representative Jenn Mann:

I am surprised that you would even think anyone would find those comments appropriate or acceptable, regardless of their profession. I don’t see this particular occurrence having anything to do with the rest of our delegation, but if your confidence in elected officials is confirmed by me saying so, I don’t, nor would members of my staff be comfortable or find those comments acceptable or appropriate.

Feel free to call me next time.

4) State representative Joe Brennan:

Needless to say, I have been extremely busy with our budget process and negotiations. I wanted to take a moment to reply to your correspondence about the unfortunate and repugnant comments made by Bernie Kieklak. While I don’t agree with you that what he said reflects poorly on the Lehigh Valley Delegation, I want to be clear that I do not agree with, nor would I condone vicious verbal attacks by my staff. Each of us fortunate to be entrusted by our respective electorate to represent their interest in Harrisburg is responsible for their own votes as well as their staffing decisions. Many times I’ve seen elected officials take credit for situations that they had little or nothing to do with. Likewise, I’ve seen many shoulder the blame for situations that are out of their control.

I also do not agree with Joe Owens that it is the norm for those kinds of statements to be common occurrences in and around Harrisburg, Trenton or DC. I would challenge Joe or anyone else who covers government to cite specific examples. The discussions that I have been involved in Harrisburg, 11 years as a staffer and 6 months as a Representative, have been very civil and policy oriented.

5) State representative Craig Dally: Craig responded to my email with a telephone call last night. As far as Bernie Kieklak's remarks are concerned, Craig tells me, "I couldn't even dream up comments like that." He also claims Joe Owens assertion about state legislators is "absolutely as far from the truth as you can get." And he gives me a good reason. The Lehigh Valley's ten house members consist of five Dems and five Republicans. They have to work together because that's what the people expect and because otherwise, the Lehigh Valley will be shortchanged in Harrisburg. For that reasons, members are civil with each other even when there are honest disagreements.

For Dirty Pols Like Reichley and Harhart, We Need Clean Election Laws

Under cover of darkness in 2005, greasy hands made their way into your wallets. These thieves weren't worried about the law. They WERE the law. I'm referring to our friends in the land of midnight pay raises, who gave themselves a nice legislative raise less than two years ago.

Since that time, some of these miscreants have jumped ship for jobs as lobbyists or in some goofy state bureaucracy. But many bandits remain. These include two Lehigh County state representatives - Douglas Reichley and Julie Harhart. Both were overwhelmingly reelected, along with 88% of their pals. And I know why.

A Pittsburgh paper reveals Harhart ($190,805) and Reichley ($216,380) spent more of your money than anyone else in the state house over the last two years for "public service ads." These supposedly promote government services. But let's face it. They're just thinly disguised campaign ads. When a newspaper asked them to explain, you'd think they'd jump at the chance. After all, this is free advertising. But this is what we learn from Pittsburgh. "Reichley and Harhart could not be reached for comment."

Maybe they were taping.

By now, they've probably had time to cook up a story for the Morning Call, but I like their first answer.

Since candidates are already spending your money to get reelected, why not let them? That's the beauty of the clean elections laws. How does it work? A candidate collect a set number of small dollar qualifying contributions ($5 or $10), agrees to strict spending limits, and refuses further private money. Her campaign will be publicly funded. Participation is voluntary, which makes it difficult to claim an unconstitutional infringement on free speech.

Once elected, an incumbent can actually concentrate on issues instead of endless fundraising.

Six states have already adopted some form of clean elections laws. Last week, New Jersey's state senate extended its pilot project another year. Campaigns are also underway in nearby New York and Maryland.

Pennsylvania, which has so many problems, is a far cry from clean elections. But a movement is afoot.

There was a time when people understood that, even if they didn't pay close attention to what our elected officials were doing, they could expect to be treated, more or less, fairly because our system, our democracy, is a fair system.

But right now our democracy in not working. People rightly feel that their government no longer belongs to them - that their representatives are no longer working for them. Bringing Clean Elections to our state and national governments is the first step toward re-establishing our democracy.

If you think clean elections laws are worth pursuing, why not drop a line to reform@pahouse.net?

The Lehigh Valley: Home of Taxpayer Heroes

Thanks to The Pittsburgh Tribune-Review, we know our Lehigh Valley delegation to the state house has two true taxpayer heroes. State reps. Julie Harhart and Doug Reichley spent $406,000 of your money for "public service" ads in 2005 and 2006. That's more than anyone else, bippy. These ads have been criticized as little more than another way to increase name recognition at taxpayer expense. But guess what? Both Harhart and Reichley were easily re-elected in 2006. Advertising pays!
Update: A reference to the Trib story did appear Friday in John Micek's Capitol Ideas. But I never knew two of our very own locals led the pack! To put this in some perspective, consider this from Bernie Kieklak, chief of staff to state senator Lisa Boscola.

Sen. Boscola (and every single member of the State Senate) is ONLY allowed to spend $4,800 per year on public service announcements (PSAs). So, if EVERY single one of the 50 State Senators spent the MAXIMUM amount on PSAs, all 50 of them would still spend less than ONE State Rep. (Reichley) did over the course of a year!