Nick Englesson to Remain on Ballot For MDJ (Updated)

Nick Englesson with Malta Ortiz and Olga Negron

In a ruling handed down late Tuesday afternoon, Judge Craig Dally has dismissed a nomination petition challenge against Bethlehem Attorney Nick Englesson, who is running for the Magisterial District Judgeship in Northeast Bethlehem, part of the south side and Freemansburg. Judge Dally's decision follows a lengthy hearing on March 17 in a case that was well-tried by Allentown Attorney Ron Clever and Bethlehem Attorney Vic Scomillio. Barring an appeal by rival candidate Jon Whittington through his proxies, Englesson will remain on the ballot.

The challenge against Englesson was premised primarily on his circulator affidavits. He executed 16 affidavits attesting that he had obtained the signatures to his nomination petition, but in fact, signatures were obtained by numerous other circulators. He attempted to cure this defect by having each circulator file an affidavit. Judge Dally stuck all signatures that Englesson failed to obtain himself.

During the hearing, Englesson frankly admitted that he failed to have his individual circulators execute an affidavit, calling it an "oversight." "There was nothing nefarious about it," he assured Judge Dally at least three times. "There was no intent to deceive anybody. Nobody was harmed by it and I had nothing to gain by it."

As finder of fact, Judge Dally concluded that "any error in the completion of the Circulator Affidavits was purely accidental, and not done for some fraudulent purpose." But following the dictates of the Pennsylvania Supreme Court, he refused to accept any signatures that Englesson failed to obtain himself. Judge Dally also struck several signatures from people who previously signed the nomination petitions of other csndidates, as well as several signatures that were defective for other reasons.

In the end, Attorney Englesson was left with 121 valid signatures on his Republican petition and 111 good Democratic signatures. He exceeded the 100 minimum needed to get on the ballot.

Throughout this ordeal, Englesson has been besieged by anonymous comments on this blog, suggesting he be disbarred or charged with "purjury."

I felt bad for Nick, so before the hearing got started, I tried to calm him down.

"Nick, I just want you to know that being disbarred is not as bad as it's cracked up to be. I can teach you how to search titles."

"Go away!"

Later, during a break, I decided to comfort Nick again.

"Nick, I just want you to know that I'm sure Morganelli would seriously consider ARD if you apply."

"Stop!"

Later that night, I sent him an email telling him that I could help him get his passport renewed almost immediately.

He never answered.

At one point, Nick told me that before this challenge, only one person had ever questioned his integrity.

"Who?"

"You! You always were filing motions accusing me of prosecutorial misconduct."

"Well, prosecutorial misconduct is not really unethical, Nick."

The Whittington camp has hinted it intends to appeal. That's his right, and i understand him being upset. But it would be unwise. Other than this blog, there's been very little coverage of this challenge. If Whittington appeals, he is inviting more scrutiny. He will look like a bully and will almost certainly lose the appeal and his race.

Let the people decide, just as Judge Dally ruled.
 
(Blogger's Note: Originally published on 3/21/17 at 5:27 pm)

Englesson Seeks To Amend Nomination Petition Errors

Englesson at Campaign function

At an inviting annual salary of $89,438, a vacant magisterial district judgeship is certain to attract a lot of attention. That's what has happened with an open seat that includes Northeast Bethlehem, Freemansburg and part of the south side. There are four candidates - Constable Jon Whittington, Penn DOT worker Will Power, police officer Fred Lahovski and Bethlehem Attorney Nick Englesson. Whittington has asked Judge Craig Dally to toss Englesson off the ballot because of alleged defects in Englesson's nomination petition. He accuses Englesson of misrepresenting himself in election filings. Judge Dally conducted a lengthy hearing on Friday, and is expected to rule on Tuesday.

This seat was held for many years by Elizabeth Romig, sister of former NorCo Executive Gerald R."Jerry" Seyfried. When she stepped down, her daughter, Patrica Romig-Passaro, was easily elected. Unfortunately, Judge Romig-Passaro was forced to resign for reasons of health. One of the candidates, Constable Jon Whittington, is her husband.

Jon Whittington at Elections office

Englesson filed his nomination petitions a few days early, hoping to get it out of the way. But it also gave Whittington an opportunity to review the paperwork. Englesson had signed 16 affidavits indicating that he had been the sole circulator, or person going from door to door to obtain the signatures from registered voters. But Whittington knew that was inaccurate. His team shadowed Englesson's volunteers as they sought the required 100 signatures from Democrats and Republicans.

On March 13, Allentown attorney Ron Clever filed an objection on behalf of the Whittington camp, seeking to have Englesson's nomination petition stricken. Clever raised most of the usual complaints about bad signatures, bad addresses, unregistered voters or voters from another party. But he also claimed that Englesson had improperly named himself as the circulator when his signatures were in fact obtained by five other persons who failed to sign the required affidavit. He subpoenaed the actual circulators.

At the hearing, Englesson was represented by Bethlehem Attorney Vic Scomillio, who had just one day to prepare.

Englesson explained in court that he had about three weeks to complete the"very difficult and arduous" task of getting 100 good signatures from Democrats and Republicans each. He enlisted five volunteers and provided each with a nametag, a street list of his district, a clipboard and a set of instructions for circulators. He picked up the petitions after a few days and kept them at his home and office. When going out himself, he usually grabbed the petition with the least amount of signatures. He admitted he would take petitions that had been started by someone else and complete the task himself. "There was nothing nefarious about it," he told Judge Dally at least three times. "There was no intent to deceive anybody. Nobody was harmed by it and I had nothing to gain by it."

When pressed on whether he had filed false affidavits, Englesson responded that he had told the truth as he believed it. "I have been a public servant for most of my career, but I not a politician."

When Clever reminded Englesson that he has run fo public office before, Englesson agreed. "I have. ... A long time ago."

Clever suggested at one point that Englesson and his volunteers got together and decided what to say, but Judge Dally stopped him. "I'm not going to allow you to make an accusation like that in court," Judge Dally warned Clever.

In a brilliant move in a case that was well-tried by both attorneys, Vic Scomillio had each of the actual circulators file affidavits indicating what signatures they had obtained.One of them, Kim Plyler, was able to remember where she had stopped because it was a neighbor who lived across the street from her. Clever objected that it was too late to submit amended affidavits, and the two lawyers engaged in a war of citations before Judge Dally.

Testimony went on until after 5 PM Friday afternoon. Judge Dally advised both lawyers he would give them both an opportunity to brief him on the topic, and that he would issue a ruling on Tuesday.

Clever told Judge Dally that he is under no obligation to issue an immediate ruling because judges can pretty much do whatever they want.

"Do you have that citation?" joked Judge Dally.

MDJ Race: Challenge to Nick Englesson's Nomination Petition to Be Heard Today

Bethlehem Attorney Nick Englesson would like to be a Magisterial District Judge in the Pembroke Village area of Bethlehem and Freemansburg, along with part of the City's south side. He filed a nomination petitions to get on the ballot as a Democrat and Republican. But a challenge to his petitions has been filed by candidate Jon Whittington thorough his wife, Pat Romig-Passaro, along with Joe Garcia. they are represented by prominent Allentown Attorney Ron Clever.

The basis of this challenge (you can read it here) is based both on inadequate signatures and improper circulator affidavits. The Elections Code requires each person who circulated to execute an affidavit that he or she witnessed  each voter signing. Nick Englesson signed those circulator affidavits himself, claiming that he circulated them all himself  But Clever claims that is false, and that other unnamed individuals did the actual circulation.

He has subpoenaed six witnesses who will testify that they signed Englesson's petition, but he was not the circulator when they signed.

When Englesson saw the witnesses, he began looking for a lawyer. Vic Scomillio was there, representing two challengers, and Englesson retained him.

Since he was coming into the case cold, Scomillio asked for a continuance. Attorney Clever strenuously objected,noting that Scomillio had been served with the challenge before anyone else.But Judge Craig Dally gave Vic a day to get ready.

A hearing will take place today at 1:15 pm.

Freddy Lahovski Files For Magistrate in Northeast Bethlehem, Freemansburg

When I walked inside the elections office yesterday to be nosy about candidates filing nomination petitions, the man you see above was standing there, waiting for me. I thought he was holding a warrant for my arrest again, but it was a nomination petition. Fred Lahovski, the finest police officer I ever met, is running for magisterial district judge in Northeast Bethlehem and Freemansburg. He decided to run only as a Democrat.

Bethlehem attorney Nick Englesson, who I started with and who is well aware of my many flaws, filed his petition last week.

When I stepped outside to cool off, I ran into the guy you see above. That's Jon Whittington, who's also running for this judgeship. I asked if he was filing his papers.

"No, I have a warrant for you."

I'd ask Englesson to represent me but he knows me and knows I'm guilty as hell.