NorCo No Longer Violates Defendants on Probation For Failure to Pay Court Costs

Badaoui Boulos, the fiscal administrrator for Northampton County's courts, revealed at yeesterday's budget hearing that courts no longer violate defendants on probation for failure to pay fines and costs. He stated this is the result of either a new state law or policy, although I'm unable to find it. President Judge Craig Dally explained that the reason for this change was that "[b]asically, you had a debtors' prison. People were being locked up."

While that might be true in some counties, Northampton County judges have never been anxious to jail defendants who failed to pay court costs. In fact, that's why the county began using a collection agency several years ago to try to recoup some of these fines and fees. 

President Judge Dally told County Council that the only civil remedies will be pursued against scofflaws. 

During yesterday's hearing, County Council was advised that 11 new youth care workers were hired at the Juvenile Justice Center last year. Of these 11, 4 have left and 2 became PT workers So the facility is still undermanned, although a recent arbitration award authorizing a starting salary of $18.05 per hour might attract staff. 

Currently, the county has 18 county residents and 2 out-of-county residents at the facility. It has had to send 8 juveniles to outside facilities at a cost of $83,000 per month because it lacks the staff to house them. 

There was no discussion of the recent changes in custody court

Who is LisaTresslar?

Yesterday, I told you that NorCo custody master Lisa Tresslar's has been constructively terminated  termination as custody master in Northampton County. It certainly appears that her ouster was engineered by Judges Jennifer Sletvold and Paula Roscioli, with Court Administrator Jermaine Greene doing their dirty work. You've heard her side of the story, but have only heard anonymously from those who think Tresslar needed to go. I've reached out to the President Judge and Court Administrator, but doubt I'll hear anything. In fairness to them, I should note that it's risky to speak out on personnel matters. But don't worry. You'll hear their side of the story after Tresslar almost certainly sues them. Unlike most lawyers and county employees, who cower with fear at the black robes, Tresslar is more than willing to stand up for herself. They messed with the wrong person.      

Who is Lisa Tresslar?

She grew up in a town of 5,000 people in the Ozark Mountains, the daughter of a Southern Baptist preacher dad and gospel singing mom. She liked bass fishing and rodeo. She attended Little Rock Central High School, the very same school where President Eisenhower had sent federal troops to force the governor to admit nine black students.

Tresslar graduated first in her class of 600 and was offered a full scholarship to Harvard University. where she graduated degree magna cum laude.  She went on to attend Harvard Law School, where was appointed Executive Editor of Harvard Law Review. Her criminal law professor was none other than Alan Dershowitz. One of her fellow editors on law review, Elena Kagan, now sits on the United States Supreme Court. 

After graduating from Harvard Law School, Tresslar clerked for a year under Judge Amalya L. Kearse of the United States Court of Appeals for the Second Circuit. A Jimmy Carter appointee, Judge Kearse is the first woman ever admitted to the prestigious American College of Trial Lawyers and the first black woman to become a partner at a major Wall Street law firm. 

After finishing her judicial clerkship with Judge Kearse, Lisa spent nine years working in the litigation departments of two Wall Street law firms in NYC. She eventually was offered a full equity partnership  at the Philadelphia law firm of Duane Morris, LLP. 

She acquired comprehensive commercial litigation practice, including securities, antitrust, white collar criminal defense, professional malpractice, corporate governance, and complex class action litigation. She represented a wide variety of sophisticated corporate clients in the United States, England, Switzerland, and Japan, in both civil and criminal matters. She appeared in depositions, grand jury investigations, and court proceedings in major cities throughout the United States, including New York, Philadelphia, Washington, Boston, Detroit, Nashville, New Orleans, Dallas/Fort Worth, San Francisco, and Salt Lake City.

After becoming a mother, Lisa took a step back from the law to spend more time with her family. Once her sons were in school, she decided to return to full-time employment. But she wanted to practice locally instead of resuming her previous national litigation practice, which had involved long working hours, a lengthy commute to Philadelphia, and continuous out-of-state travel. 

Northampton County Judge Michael J. Koury, Jr., who himself was a Wall Street lawyer, hired Tresslar. She clerked for him for two years, and then she was tapped by President Judge Steve Baratta as a custody master. 

Why a custody master? The courts needed someone badly, as the courts were swamped. And Tresslar developed an unusual affinity for custody law as a result of her own custody case, where she experienced first hand what it's like to be a litigant. 

Tresslar served as custody master for nine years before being constructively fired. 

What is the real beef that Judges Sletvold and Roscioli have with Tresslar?

It all comes down to plausible deniability. I'll explain what I mean tomorrow.

Register of Wills Named NorCo's Associate Court Administrator

NorCo Deputy Court Administrator Janelle Crisafulli advises that Register of Wills and Clerk of Orphans Court Gina Gibbs has been named Associate Court Administrator, starting August 7. She will succeed the well-respected Ruth Vega-Velez, who has retired. 

Gibbs immigrated to this country at age 19. She managed to earn an Associate's and Bachelor's Degree, while working full-time and supporting her children. 

She began her employment with the county in 2008 in the Solicitor's office as an "exempt" employee, meaning she was a political hire. Three years later, she was appointed Deputy Director of Elections. This enabled her to transition from an "exempt" employee to a career service position, where she would have some job protection.

Her appointment as Register of Wills was controversial. County administrators passed over a 13-year veteran and Deputy Register who also had applied for the job and had the recommendation of the outgoing Register of Wills.

Executive Lamont McClure, who played no role in Gibbs' appointment, told me he wishes her the best in her new role. 

Gibbs' appointment had to be cleared by the state administrative office of Pa. Courts as well as Court Administrator Jermaine Greene 

PJ Baratta: Civil and Criminal Divisions "Grossly Understaffed"

Hon. Stephen Baratta

A proposal to place Northampton County's row offices under the supervision of the courts was considered by Council's Courts and Corrections Committee yesterday. It's an idea that has been discussed for at least the past ten years. Though everyone agrees, nothing has happened. No action was taken yesterday, either.  

What are row offices? Historically, they were located in a row next to the courtrooms.  They often have strange sounding names like Prothonotary, Clerk of Quarter Sessions and Orphans' Court. Basically, they are where court papers are filed in civil and criminal matters. They are where people go when they get a marriage license, or open an estate for a deceased relative.

In addition to being a repository for court records, these offices serve another important function. Indices and other dockets provide notice to the world of the existence of liens, estates and other matters that have a direct impact on people and their lives.

In Northampton County, the row offices are called the Civil Division (Prothonotary), Criminal Division (Clerk of Courts) and Orphans Court. The department heads report to a Director of Court Services, a cabinet position set up in the Home Rule Charter. But basically, they are an arm of the court. Mat Benol invited President Judge Stephen Baratta about the possibility of taking control of these offices.

Judge Baratta believes "we could run the offices," but told Council that the courts would want control over the hiring process.

Noting there are currently six vacancies in the Civil Division, including one that goes back to October, he called the office "grossly understaffed," and warned that there are problems created by a delay in indexing judgments.

In the Criminal Division, where five of 13 positions are vacant, Judge Baratta said Things are "even worse."  

John Brown agrees that courts should take over
row offices in time. 

He explained that recently, Judge Leonard Zito directed a first offender program to pay $1,200 in outstanding court costs as a condition of probation, but was informed by a clerk that the office was "closed" because every staffer was in a courtroom. Judge Zito had to adjourn so the Defendant could pay his costs.

Baratta stated there should be a baseline for hiring, and that once staffing goes below a certain level, hiring should commence immediately. He also is interested in cross-training clerks so they can all do at least some of the more routine work in each office.

Though Executive John Brown agrees that these offices belong under the courts' jurisdiction, he said that he is creating efficiencies in these offices through the use of technology, and has made "significant improvements in the backlog." He said he'd like to finish some of his work before turning the offices over to the courts.

Brown cited as an example the online civil index recently implemented. But that system incorrectly advised users that information was up-to-date, when it was in fact weeks behind. This kind of error, since corrected, could cost the County millions of dollars in liability for liens that it has failed to index properly.

Brown also mentioned the use of technology, although the state Supreme Court is currently working on technology that it intends to mandate in all 67 counties Brown spoke of the same data having to be entered repeatedly, without appreciating that redundancy is a necessary requirement in row offices, where the information posted about an individual must be accurate.

"With all due respect," Judge Baratta stated, "they're [the Brown administration] not involved in what the clerks do." In contrast, the judges are involved in the legal system, and understand the rules as well as the reason for them.
 
"We can offer our services if you need us," Judge Baratta concluded. "We're all public servants."

"Sounds like a deal you can't refuse coming from a President Judge," observed Bob Werner.

NorCo Courts Project Saving in Proposed Personnel Changes

Instead of three full-time clerks in NorCo Court Administration, there will just be two in a new proposal approved by President Judge Stephen Baratta. In addition, two full-time jury clerks will be reduced to one . The courts will bring on someone part-time as the need arises.

According to Court Administrator Jill Cicero, this staff shuffle will save between $33,000-42,000 per year. It involves no layoffs. President Judge Baratta's plan was unanimously endorsed by the Personnel Committee and is expected to sail through the full Council tonight.

Do Public Defenders Defend Droopy Drawers Cases?

In nothing else, Lehigh County Chief Public Defender Kimberly Makoul is the Clarence Darrow of droopy pants. I'm sure many of you followed her stirring, though unsuccessful, defense of Adam "Droopy Drawers" Dennis. He was fined $50 yesterday by District Judge Wayne Maura, for failing to keep his pants up. He thought Dennis was being disrespectful.

There is no record of the case against Dennis at Pa. Docket Sheets. I'm unsure whether he was even charged criminally, although that appears likely. A few years ago, the rules of criminal procedure were revised to allow District Judges to impose fines and even 30 days of jail time for contempt.

I'll refrain for now from weighing in on whether there's a constitutional right to wear droopy drawers to court. But I do question whether the Chief Public Defender of Lehigh County should get her own underwear in a knot over this matter.

One of the most common complaints I hear about public defenders is that defendants languish in jail, often on matters that could be quickly resolved, before ever getting to see one. Also, I've never heard of a public defender's office providing representation on a summary offense, if the contempt charge against Dennis is in fact a criminal charge.

According to The Lehigh County Public Defender webpage, "We represent eligible individuals in all misdemeanors and felonies, excluding first offense Driving Under the Influence charges." (emphasis added). So why is Makoul representing someone on what is at most a summary offense? It would seem that, under her own department's guidelines, Makoul should have recommended that Dennis seek private counsel.

I believe the ACLU or some private attorney would gladly do this pro bono. But I believe the involvement of the Public Defender's office took it away from its core mission.

As for me, I bought a new pair of dress pants and a dress shirt tomorrow. I'm scheduled to cover a naturalization ceremony, and don't want to be hauled off.

Why Was Lance Wheeler Fired?

That's the question everyone was asking at the Courthouse today, following an Express Times exclusive reporting that lead court officer Lance Wheeler has been sacked. Wheeler's daughter, Makaeya Lynn, has MLD, a rare and incurable disorder that attacks the nervous system. muscles and organs. It worsens over time.

I have no idea why Wheeler was let go. The person who does, Court Administrator James Onembo, would be violating Wheeler's rights to confidentiality if he were to discuss it. I do know that there has been friction between Onembo and Wheeler for months. I also know there are two or three sides to every story.

Wheeler serves at the pleasure of the Court. The Executive has no say in this matter, and those trying to blame this on John Stoffa are being irresponsible.