Judge Leonard Zito: "Everything Has a Beginning and an End"

Judge Zito in the "boiler room" with Secretary Anne Goetz

It's hard to think of anyone more closely connected to Northampton County government than Leonard Zito has been since he first began practicing law in 1971. As a lawyer in Bangor, his hard-hitting style attracted attention from both the public and other lawyers. For many years, he was the man to see if you were from the Slate Belt and had a problem. He's been Chief Public Defender, County Council's Solicitor and was both appointed and then overwhelmingly elected as judge. On the bench, he quickly reorganized criminal court and developed a reputation as the hardest-working judge in the Lehigh Valley. But if you talk to him, he still considers himself an "outlier" from Roseto. "We came from nothing," he said, but is very proud of the "fierce independence" of the Slate Belt and Roseto, in particular. He credits this background as the reason for his success, both as a lawyer and judge. To the dismay of President Judge Michael Koury and his fellow judges, Zito is hanging up his black robe in June to return to private practice.

"Everything has a beginning and an end," he said.

When I met with Judge Zito last week, he welcomed me into a room with a long table decorated, from one end to the other, with numerous papers, open law books, legal pads and pens. "Welcome to the boiler room," he said, and quickly got down to business.

As a lawyer who practiced in Northampton County, he knew there was a problem with criminal court. At that time, about 5,000 criminal cases were filed in court every year. Most would eventually result in pleas, but not before month after month of continuances. Juries would be empanelled, day after day, for cases that never went to trial. Witnesses and victims would make the same trip to Easton, month after month, only to see a case put off.. Judge Zito spoke of mothers and grandmothers who, month after month, would have to find someone to watch their children for pointless trips. He spoke of people who lined the halls during something that was more akin to a cattle call than a day of justice. Defendants charged with minor crimes would languish in a jail that was so overcrowded that inmates were sleeping in hallways

Guess who pays for this? You, the taxpayer. You pay over $100 per day for a Defendant sitting in jail. "You might as well send them to the Hyatt," joked Zito. You pay for the juries that mill around a day or two before being sent home. You pay for the witnesses who come, month after month, for a case that never goes to trial.

Zito said that, no matter where you go statewide, only about five percent of criminal cases go to trial. That means Northampton County could expect about 25 jury trials a year. The rest are pleas. His goal was to clear the clutter, not from his table, but from the courthouse. He did that by encouraging pleas to minor cases on the day of arraignment, the first date that a Defendant appears in court to answer charges.

In previous years, defendants would enter "Not guilty" pleas and start the cycle of month after month of continuances. Zito stopped that practice.

As an example, he mentioned a Defendant who is charged with possession of a small amount of marijuana. "That's a zero to me," he said.

He said more serious cases are assigned to a judge on the day of arraignment so that pretrial issues can be resolved. But most cases are minor.

Last year, Judge Zito disposed on 86% of all criminal cases on the day of arraignment. Some went for alternative disposition. Others were guilty pleas. If a Defendant wanted a trial, he still got one before a judge who knew the details of the case. There were 28 trials last year, jury and nonjury.

Thanks to this system, criminal court is usually over on Monday morning. In addition to bringing swift justice, this has the added benefit of saving you money. But it takes a hard-working judge. One day last year, his court reporter walked into the law library at the end of a long day and nearly collapsed. "We just did 44 guilty pleas," she said.

Zito told me that Judge Kimberly McFadden has him beat. She once did 45.

Before attending the University of Scranton and Villanova Law School, Zito spent four years in the Navy. Not behind a desk but as an Aviation machinist. As a younger man, he and a few friends also raced dirt-modified race cars.

How did he transition from hard-charging lawyer to a thoughtful jurist? His answer is advice he received from Judge Isaac Garb, who before his death was a senior judge in Northampton Count. "Judge Garb told me to check my Italian attitude at the door," he said, and soon learned Garb was right.

"You just can't fight with all the lawyers, there's too many of them," joked Zito.

Where is he going? Zito plans to practice with the Florio and Perrucci law firm, located in Bethlehem.

Zito Maligned Over landfill Decision

Judge Zito in shorts instead of a robe,
poses with five cops who never claimed he was biased. 

Friends of Lackawanna is no friend to Senior Judge Leonard Zito. Nor are The Scranton Times editorial board and oneof their columnists, Chris Kelly. They're blowin' oil over a ruling issued by Judge Zito on Monday, denying standing to Friends of Lackawanna and a group of Dunmore residents opposed to the expansion of Keystone Sanitary Landfill. Judge Zito got stuck with this case after the entire Lackawanna Court of Common Pleas decided this was one political potato too hot for them to handle. After all, they have retention races to win every ten years. So they all recused themselves and Judge Zito got stuck with it. He didn't exactly volunteer, but was drafted by the Administrative Office of Pennsylvania Courts. Nobody had a problem with Judge Zito until he ruled against them. Now, he's apparently a mobster.

According to The Scranton Times, the entire region should have standing in a landfill expansion dispute. Never mind the law. Columnist Chris Kelly kicks things up a notch. He has published two columns. In his first, The Jurist Puzzle, he suggests that Zito is biased because he represented several landfills when he practiced law.

Using that logic, I could argue that he should never sit in judgment of a criminal case because he represented numerous criminal defendants and was once the County's Chief Public Defender. Cometo thinkof it, judges who served as prosecutors should never hear criminal cases, either.

What really seemed to piss Kelly off is that Judge Zito refused to discuss his decision with him. Let me get this straight. After insinuating that a judge is biased and in the pocket of Louis DeNaples, Kelly thinks that same jurist should pick up the phone for an ex parte conversation with him about a matter that is still before him?

Are you out of your mind, Chris? One too many Texas wieners?

It gets better. In a second column, entitled It Keeps Piling Up, Kelly concludes that Zito must be biased because a landfill opponent in Williams Township says so. He complains again that Zito refuses to engage in ex parte communications. He apparently made no effort to get other opinions.

Kelly could easily have learned that Zito was a fierce advocate for whomever he represented. He could have learned that Zito distinguished himself as the Chief Public Defender, representing clients who had nothing. Or that he represented one of the region's most difficult clients, Northampton County Council, with ease. He could have learned that Zito represented wealthy people but also represented numerous Slate Belt clients who had nothing. He could have learned that Zito, despite his senior status, is still considered the hardest working judge in Northampton County. He could have learned that Zito is considered a fine judge by lawyers in and out of the county. He could have asked the attorney representing Friends of Lackawanna why no bias claim was made.

But that would be journalism.

I can, and have, taken judges to task at times. But Kelly's Kommentary is as kooky as the landfill he despises so much. .

Kelly must want to be a bottom-feeding blogger like me. Many are called, but few are chosen.

Rumor Mill: Are Morganelli and Zito Trading Places?

John Morganelli is Northampton County's four-term District Attorney. He's currently seeking a fifth term, unopposed, as the County's top crime dog, with an annual salary of $160,849. But according to the rumor mill, he won't be around much longer. At least not as DA.

Lenny Zito is one of Northampton County's nine judges. Although he was just elected, he can only serve until 2014, when he turns 70. He'll be a young 70, and is far too active to be content as a senior judge. So the rumblings among several local lawyers is that Morganelli will run for Zito's job, and the bench will appoint Zito as District Attorney.

Follow the Money: Northampton County Judicial Race

Unlike other candidates for local office, judicial candidates file their campaign finance reports with the Department of State in Harrisburg. And the apparatchiks who work there post them online so that the public can follow the money.

Eventually.

The whole purpose of these disclosure laws is so we can learn who is supports a candidate before casting a vote. But in the land of midnight payraises, the public's right to know gets little priority. The 2d Friday Pre-Primary campaign finance reports timely filed by Craig Dally, Candy Barr Heimbach, Barb Hollenbach and Jim Narlesky are still unavailable. If time permits, I will get copies and post them here over the weekend so you can follow the money for yourself.

But reports are available for four out of eight contestants. Let me tell you about them.

Koury has accepted no contributions from attorneys.

Michael Koury has told Express Times reporter Sarah Cassi he would decline any contributions from local attorneys. His 2d Friday Pre-Primary Campaign Finance Reports, available online, reveal that he has kept his word.

I was concerned he might funnel money from lawyers into his campaign through some sort of PAC, but his individual and committee reports reveal he is largely self-funded. He has accepted contributions from family and friends. He's also accepted $1,000 from Abe Atiyeh and another $1,000 from Atiyeh's business partner, Ramzi Haddad.

Karl Longenbach Likes El Torero

Karl Longenbach actually has four separate campaign finance reports online, which reveal that he's raised around $21,000 and spent most of it, too. He has dug into his own pocket for at least half of his expenses. Friends, fellow attorneys and co-workers have also made mostly small donations.

If you've driven along Route 22 on the way to Easton from Bethlehem, you've seen a big billboard featuring Karl. I practically drove into a ditch the first time I saw that.

That has cost Karl $6,000.

He's also spent another $1,000 for advertising at El Torero, a Spanish language newspaper very popular in Allentown. But Karl's not running in Allentown.

Sam Murray Getting Grass Roots Support

If campaign finance reports are any indication, Sam Murray is getting lots of grass roots support. His disclosure, available online, reveals that $2,000 of his warchest comes from people making modest contributions under $50. Another $17,775 comes from people contributing less than $250. Sam has also kicked $15,000 of his own money. He's raised nearly $44,000 so far.

Frontrunners Flock to Zito

My grandson is a frontrunner. He likes whatever team happens to be winning. Lenny Zito is the frontrunner. Everyone, including fellow candidates, knows that Lenny Zito will be elected on both ballots to one of the three judicial vacancies on May 19. So it's no great shock to learn that Lenny has been able to raise $80,290. Frontrunner Chrin, who usually waits until after someone is elected before donating, has already kicked in $500. But Lenny's biggest donors are the Perins - Lords of the Slate Belt - who contributed $13,300.

Narlesky Using Scissorhands Severson For Judicial Campaign

Two One Northampton County judicial candidates, Judge Leonard Zito and Jim Narlesky, have has already made at least one questionable decision. They're both He's using sleaze consultant Scissorhands Severson. While I would not vote against someone based on a single issue like that, it is very discouraging to see any two members of the judiciary use someone they know is under investigation by the state attorney general.

Update: Zito NOT Using Severson. I've just been informed, by Judge Zito himself, that he is NOT using Severson in any capacity on his judicial campaign. My source was certain and even double-checked at my request, but missed on this one. I regret my error, and apologize to Judge Zito as well as my readers for my error.

ET: Judge Zito Switched Parties in Deal With Republicans

Last Friday, I told you Judge Leonard is now a Republican, having switched sides in early December. Today, The Express Times' Sarah Cassi explains why - it was the price he had to pay top get the Republican support he needed to be confirmed as a judge who could qualify as a senior judge when he turns seventy.

How did Sarah learn this? She asked. Zito and local Republican chair Roy Shuman frankly admit it in a very interesting story revealing that party chairs have more power than commonly thought.

Judge Zito Switches Sides, Is Now Republican

The elections office has just confirmed a rumor that has been floating for weeks. Judge Leonard Zito is now a Republican, having officially switched sides on December 5. Hell hath no fury like a Democrat scorned, and local Dems are feeling ... jilted.

This sure as hell explains a lot. Lamont McClure wants to dump Anthony Martino as county council solicitor because Martino is a product of Zito's law firm and even sounds like him. The sins of one partner will be visited on another, I guess.

For all the baloney about "new blood," this is really just political payback. But McClure cannot replace Martino unless four other council members agree at meeting that is open to the public. He's still their solicitor, and will be until five council members say differently.

State Rep. Craig Dally Eyeing Northampton County Judgeship?

Republican State Rep. Craig Dally had no opponent last November when he asked voters to return him to his slate belt district. It was the same story two years before that. To be honest, I can't remember the last time anyone tried to run against this popular and extremely pleasant state house member, first elected in 1996. LVR Readers have rated Craig, who is also a Nazareth attorney, our fifth most effective local leader.

Inside sources tell me Dally has shifted his gaze from the land of midnight payraises to the People's Republic of Northampton County, where he is eyeing one of the three judicial openings that will be available next year.

If true, this race is over before it ever got started. Other attorneys thinking about a judgeship(and many of them are highly qualified), should hold off on buying black robes. The only real question: who will be top vote getter after John Morganelli - Lenny Zito or Craig Dally?

Judge Zito Kisses Strange Woman in Public!

That's right, folks. Judge Leonard N. Zito laid a lip lock last night on a woman during a county council meeting. This woman wasn't even his wife! And everyone applauded.

The woman in question was Patti Grube, who Judge Zito swore in as a council member at the beginning of last night's meeting.

I wonder if Angle was kissed when he was sworn in.

McClure Refuses to Support Zito's Nomination as Judge

At least night's Northampton County Council meeting, a resolution was introduced to urge the state senate to confirm the nomination of Leonard Zito as judge. Zito currently sits as the Hangmen's solicitor and previously served as a judge.

Amazingly, Lamont McClure refused to support this resolution. He's obviously miffed that Mr. Baseball, Baltimore lawyer Peter Angelos, failed to get the nomination for his own, much less qualified, wife.

Petty.

It's Zito!

I feel like Carnac.

Back in June, I told you Attorney Leonard Zito would return to Northampton County's bench for a second time, filling the vacancy created when President Judge Robert A Freedberg ascended to the heavens of Superior Court. I also told you that this time, he can run for the job next year.

Most of you greeted this news with skepticism. I got this "Burne, your information is bad. There is no way Zito gets the appointment a second time." and this "There's actually no chance that he will be appointed."

Oh yeah? "May a crazy holy man set fire to your nose hair."

According to Express Times sleuth Sarah Cassi, the Guv' has just nominated Zito for that coveted black dress. Although Sarah was unable to confirm whether any strings are attached, there aren't. Zito will be free to run for the seat when Freedberg's term expires next year.

While I'm on a roll, let me give you another prediction. In the next few days, our friends in the land of midnight payraises will create a new judgeship in Northampton County. Three seats will be open next year because Judge Moran is retiring.

I'll give you the latest rundown on those seats next week.

Leonard Zito Returning to Northampton County Bench

When President Judge Robert A Freedberg goes to the Superior Court, guess who will be appointed to fill his vacancy? According to a reeliable source, the vacancy will be filled by Leonard Zito, who will be returning to the bench for a second time.

Zito, who currently serves as Solicitor to Northampton County Council, was previously required to step down from the bench after an appointment because he had pledged he would not run. This time around, he is free to run if he wishes, and intends to do so.

Northampton County Council Rejects Their Own Lawyer's Advice

Who is Lenny Zito?

Lenny Zito, a former judge, is Northampton County Council's solicitor. I knew him when he was a much younger guy. In addition to being a very bright lawyer, he was a tough son of a bitch who didn't back down.

My dad, another strange but bright litigator, used to delight in pissing him off. If Zito called my dad about anything, he'd ignore him and wait for the snippy letters and threats that invariably followed.

This one is my favorite. Short and sweet.

"Thank you for the courtesy of not returning my call."

When my dad finally decided it was time to speak, he'd sit back in his chair with phone in one hand, Pall Mall in the other, smoke slowly circling his desk. He'd act like an innocent altar boy, but with a shit-eating grin on his face.

"Seven letters? Gee, I don't think you sent that many, Lenny."

"No, I was never told you called. Well, now that you're on the phone, what's up?"

Although I know my father took some perverse satisfaction in this, it was actually pretty smart. He never told me this, but I think he was playing on Zito's passion to throw him off his game.

Either that, or he really was a miserable bastard. Either way, it was always funny to watch.

That tactic would fail today. I've seen Zito on the bench and over the past 1 1/2 years as Northampton County Council solicitor. He is now The Iceman. The brash young lawyer is gone, replaced by a smooth litigator. He's mastered his inner demons. He quietly and firmly states his opinions, shows no partiality and has given county council excellent legal advice. He's also added some class to an otherwise classless body.

He's still a partisan. He's contributed $15,850 to fellow Dems seeking state offices over the past six years. But even Republican Ron Angle backed off when Zito advised council members they could not go in the back room to discuss some vague litigation.

Council Prez Wayne Grube was really happy to latch onto Zito, easily in the first tier of Lehigh Valley lawyers. "Boy, were we lucky to get him!"

They were. They just don't realize it.

Council Makes a Boo Boo

A few weeks ago, that myopic group short-circuited the bidding process for the county's information technology services. There were three proposals on the table, but two had to be rejected because of technical defects. The surviving bidder, recognizing it was $1.5 million higher than the lowest bid, told the county it was willing to negotiate for a lower bid, but the county could not legally do that. All three bidders were willing to submit new proposals. So the administration, acting in the "best interests of the county," decided to start the bidding process over. All bidders agreed to that. But incredibly, council voted against this. They were actually more concerned about fairness to the bidders than they were about taxpayers.

Two people were absent that evening, Ron Angle and Lenny Zito. Only Council Prez Grube was concerned about the taxpayer.

The stupidity of this decision was quickly condemned by both The Morning Call ("The County Council majority made the wrong decision here, and so far, they have not been able to explain why.") and Express Times ("Northampton County Council thumbed its nose at the taxpayers last week when it ignored the wishes of the administration and awarded a computer contract to the high bidder.")

Personally, I think that small-minded group tried to stick it to the county taxpayer for two reasons. First, the low bidder is a major contributor to Republicans, and council saw an opportunity to pull a "pay to play" in reverse. Second, they wanted to embarrass County Exec John Stoffa, who won't play their political games.

Of course, Angle went ballistic and sued council. President Judge Freedberg scheduled a quick hearing.

Council's Lawyer Tries to Save the Day

Fortunately for county council, Lenny Zito came up with an excellent legal strategy to deflate this crisis. His opinion is that the county exec has the unilateral authority to reject bids on his own. When the exec asks council to reject bids, their function is advisory only. The real power lies with the county executive. He flatly told council they have no supervisory authority over the bidding process. Zito had told President Judge Freedberg he would ask council to accept his opinion.

Council Refuses to Accept Their Own Lawyer's Opinion

Amazingly, by a 5-4 vote, council refused to accept their own lawyer's opinion. Ann McHale, Charles Dertinger, Lamont McClure, Diane Neiper and Tony Branco just couldn't bring themselves to admit they had made a mistake.

Do you want to hear their ridiculous rationale? They were worried that accepting their own lawyer's advice might "set a precedent."

But McHale's behavior was the most disgusting. She's apparently concerned at how her vote to throw $1.5 million away might affect her chances as the next county exec.

She falsely tried to credit herself for actually saving the county money. When that fell flat, she tried to blame the administration for council's stupidity, claiming we need to look "at how we do business. This never should have occurred." Grube told her this problem could not be blamed on Stoffa, and Angle pointed out that Stoffa was just being courteous to council by giving them an opportunity to reject bids. McHale shouted, "Nice guys finish last."

I can't wait to hear how that sounds on the airwaves when McHale runs for county exec. That should really help her campaign.

Council's Answer, a Committee

With some justification, council has criticized Stoffa's penchant for forming "blue ribbon" committees to deal with county problems. They tend to be slow and unwieldy. So guess how council decided to deal with Zito's opinion and their fear that listening to their lawyer might set a dangerous precedent?

Why, a committee, of course!

Neiper made that call, and castigated Stoffa for "going to the press" on what they themselves had decided in a public meeting. Lamont McClure told council his law and order committee has had a "lot of success in dealing with tough problems." That's why it's only met once this year.

What's Going to Happen?

Stoffa will ignore the children on council and rebid the project. As he told Sarah Cassi at The Express Times, "It's the right thing to do."

Zito, who has been spurned, won't represent council any further in the Angle litigation. He quietly made his point. He didn't even get mad. But whether they know it or not, council is now twisting in the wind.

Angle will pursue his litigation.

A court order will find that county council engaged in a "flagrant abuse of discretion."

And that will be the first time that has ever happened to a Northampton County council. How's that for precedent?

Update: In addition to what he told Sarah Cassi, Stoffa made the following remarks to The Morning Call's Joe Nixon: "They [council] can do what they want to do. I answer to the taxpayers, ultimately. It's interesting that none of this discussion talked about the amount of money that would be spent."

Norco Council Solicitor Rules Against Lamont McMud

Lamont McClure's a nasty man. In a ruthless quest for public office, he's happily smearing Will Power with lies and half-truths about his deceased brother, provoking painful memories. And just a few days ago, he was slinging mud at Ron Angle's refusal to recuse himself from a nonbinding resolution over Portland sewers. You see, Angle owns a few properties in Portland.

At the time, I told you it's no conflict. McClure was just playing politics. And Solicitor Lenny Zito agrees. A public official who benefits or suffers only in the same way other members of the community, has no conflict as a matter of law. If the law were any different, no municiplaity could ever adopt a budget.

This was just McClure McMud. But he's no James Carville. Truth be told, Lamont's no legal whiz, either. He's violated the Sunshine Act ... twice. He's proposed invading the budgetary reserve, a Home Rule Charter violation. And now he'll probably try to get Lenny Zito dumped for following settled law.

While piously condemning Angle, McClure votes on matters involving the DA's office, where his wife is employed. When challenged, he denies it.

On Tuesday, Lamont McMud will be the Democratic nominee. Aren't we lucky?

So much for his so-called Code of Civility.
Update: "If you are voting on something that will affect you one way or another, you should recuse yourself, period." That's what Charles Dertinger told Morning Call reporter Joe Nixon. Under this compelling logic, Dertinger must now disqualify himself from voting on every budget, which will affect his taxes.

Norco Council Members Want a Second Opinion

I told you earlier today that Northampton County Council is lucky to have Lenny Zito, a former judge, as its solicitor. Even Ron Angle listens to him.

But council members Charles Dertinger and Tony Branco don't like Zito's legal opinions, and actually want to hire an accountant to review them. Maybe even a CPA!

I've got a newsflash for Dertinger and Branco. It might save taxpayers a few bucks. Accountants, even CPAs, do not give legal opinions. What are these dudes smoking?

Norco Council Solicitor Zito Won't Sanction Back Door Meeting

Everything a governmental body does can result in a lawsuit. So whenever a council member or township super wants a back room meeting, he can just claim he needs to talk about potential litigation. The solicitor will wave his magic wand, say the magic words (executive session) and Poof! They all disappear.

But this is a story about a rare county council solicitor who actually observes the Sunshine Act.
You'll love it because the Sunshine Act wins out and the evil villain is Ron Angle . He wanted an an executive session at the last Northampton County Council meeting to discuss "litigation" over the now defunct Wind Gap Walmart.

"Would you kindly provide me the docket number of the case you wish to discuss?" asked council solicitor Lenny Zito.

"It's potential litigation. You know, the Commonwealth Court has ruled I'm an expert on the Sunshine Act," chimed Ron.

But Zito remained unpersuaded. He calmly asked Angle for a written or oral statement identifying a specific complaint. Ron could not do so. So no executive session, bippy. Back room meetings to discuss "litigation" are permitted only for actual lawsuits or "identifiable complaints" that are expected to be filed.

Last Thursday will mark the first time I've ever seen a solicitor make inquiries and properly interpret the "litigation" exception in the Sunshine Act. Northampton County Council is fortunate to have Lenny Zito. Even Angle listens to him.

But not me. I'm a miserable bastard.

Norco Solicitor Zito: Elections Chair Must Avoid Appearance of Impropriety

Was there something good on TV last night? Only five of nine members bothered to show for a regularly scheduled meeting of Northampton County Council, a bare quorum. It was still a helluva show, one for the books.

Everyone was in a bad mood. Before the meeting even started, Council Prez Grube accused me of sticking knives in his back. Huh? Then he threatened to let the air out of my tires and slice the rag top on my jeep, although he always does that. Branco looked like a zombie after his perpetual four hour commutes. He needed coffee badly. McClure was harried and unhappy. Angle, who is undergoing daily intravenous injections for his leg, gimped in with steam coming out of his ears. And Ann McHale was decked out in red, a sure sign she was taking no prisoners.

Of all people, Angle delivered the invocation, and oh what an invocation it was. His prayer focused on all the "bad people" out to get us, and called on God to protect Christians. Jews and everyone else can take care of themselves. He was getting ready to sacrifice a goat, but McHale snarled that those animal rights protestors might pop up again.

Last night was not a good night to approach Council with my rants about Wally G, the Elections Commission Chair. Wally sees no conflict with also being area chair for a local political party or in hosting a highly partisan radio show promoted by a local Dem website.

Now if I had any brains, I would have kept my mouth shut. Council was already in foul temper, and four of the five members at last night's meeting just happen to be Dems. But, as you can readily see from my prior posts, I'm an idiot. So I told Council that, regardless of the specifics in the Home Rule Charter, it's a matter of common sense that the elections commission should be above partisan politics and avoid even the appearance of impropriety. I even submitted a resolution that does not demand, but simply requests, Wally G to step down.

After I had finished braying, Lamont McClure decided to forget about common sense and stick with the Charter. The Charter does not define "officer." Ah ha! How do I know a committeeman is an officer? Well, let me see. He runs for the office of committeeman. He does things Dems like me are unable to do. And in Wally G's case, he was elected by other committeemen to be an area chair. Any other conclusion turns logic on its head.

While McClure was demanding specifics on how an elections commissioner could rig an election, Vesuvius was percolating. I can't recall exactly when, but Council blew sometime around 7 PM last night. The cupola landed somewhere in Allentown, and molten lava has now damaged the judges' new marble floors. Angle and Council Prez Grube were screaming at each other about party bashing or something. Dertinger, who wasn't even present last night, was nevertheless accused of grandstanding. Grube's face was so red that all of Easton's johns stopped in, looking for a little action. At this point, Branco made a fatal error, and tattled that someone had called him a "professional prostitute." That was all the johns needed to hear. I think they dragged him down to Easton's circle as he screamed, "I quit the wrong Council." Order was finally restored when Ann McHale, the lady in red, gave everyone a time out.

I had pretty much given up hope on this wild bunch when, at the end of the meeting, Lenny Zito spoke up. He's Council's consigliere. He used to be a judge. He told Council, well, at least the five who showed, that an elections commission is a quasi judicial body. It often makes decisions that are essentially judicial. Members must avoid the appearance of impropriety, and conduct themselves with impartiality.

Holy canoli! Someone in authority actually agrees with me! I better check my research.

Zito also cautioned, however, that no action should be taken without insuring that Wally G's due process rights are protected. County Exec Stoffa, who apparently hasn't had a chance to discuss the situation with Wally G, mentioned doing just that last night. Until he does so, he's not ready to conclude there's an appearance of impropriety.

For Wally G, the writing is on the wall. It's time to step down. Delaying the inevitable will only make his party look bad and hurt the candidates he's trying to promote.

For more objective accounts of what transpired last night, the Express Times and Morning Call have excellent summaries. Their reporters escaped last night's eruption.

Now if you'll excuse me, I'm going to Easton's circle to find Tony Branco.

Council Solicitor & Media Lawyer Agree: McClure Violated Sunshine Act

On Monday, Lamont McClure and his Northampton County "Law and Order" Committee violated the state Sunshine Act. That Act tells us we have a right to be nosy about what our government is doing. "[T]he right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process ... [S]ecrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society."

When I dared suggest that McClure had violated the Sunshine Act, he responded with a vicious personal attack. Among other things, he threatened a libel suit. All this from the author of Northampton County's mean-spirited "Code of Civility."

Well, it looks like McClure is going to have to add a few defendants to his libel suit. Lenny Zito, a former judge who just happens to be Northampton County's Solicitor, also believes McClure's committee violated the Sunshine Act. So does Teri Henning, General Counsel to The Pennsylvania Newspaper Association.

Paul Mushick, a Morning Call reporter, tells us the violation is more serious than even I had thought. Of course, Paul is a real reporter while I'm a drunken ex-lawyer. Here's what Paul says:

"Notices published in two newspapers and posted on courthouse bulletin boards announced the date and time of the meeting but no location.
The notices also did not identify that the committee was part of County Council, leaving doubt over which government called the meeting."

McClure told The Morning Call that didn't matter because he was still following a 1978 Council Resolution requiring Committees to meet publicly.

Wrong, Lamont!

That resolution also requires "public notice" and McClure blew that. Mistakes happen and Council's Clerk honestly admits the error. But the right thing to do, once that error is discovered, is to reschedule the meeting. McClure refused.

Let's face it. McClure ignored the state Sunshine Act, a 1978 Council resolution, and his own Solicitor. He also breached his own Code of Civility with some nasty remarks and threats directed at a citizen who dared point out that McClure violated the public's right to participate in its own government.

But why should McClure care about the public? They rejected him when he ran for office. He's there for one and only one reason -- to serve the DA's office and big city lawyers, who funded his losing campaign.