President Judge Craig Dally: DA Can Hire Assistants Without Interference By Executive

Back in August, I told you about a mandamus action that District Attorney Steve Barratta filed against the Northampton County Executive. The suit was filed after 11instances in which the Exec has prevented Baratta from onboarding new hires. 

A mandamus action is one that compels a government official to perform a clear and nondiscretionary duty that it has refused to perform. In this action, Baratta filed a motion for peremptory judgment, which can only be granted when his right to relief is clear. 

It is.

Late last week, President Judge Craig Dally ruled in Baratta's favor. (See links to Opinions  below)

In this action, Baratta filed a well-written brief that should serve as a primer for anyone interested in county government. 

Judge Dally ruled, as he did once before when John Morganelli was DA, that the county's top prosecutor has the right to select the pay grade for a newly hired assistant District Attorney so long as he remains within the budget allotted by County Council and stays within the pay grade scale they establish. "[T]he District Attorney has not asked this Court to grant him the 'unfettered authority to cut checks from a checkbook that belongs to the County,' is not asking the Court to grant him the ability to exceed the budget allocated to his office by County Council, nor is he arguing for the authority to construct salary standards for new hires by pulling numbers out of the sky on his own accord."

"A cursory review reveals that the Home Rule Charter bestows within the District Attorney a hiring power, which this Court has applied to encompass the authority to select the pay grade step, on the schedule and within his budget provided by County Council, at which his newly hired Assistant District Attorneys start. Any insinuation otherwise is flatly inconsistent with the law of this County."

The Pa County Code does provide that the "number of assistants and salary shall be fixed by the county salary board [which is county council]." But as Judge Dally observes, " Since the District Attorney is not pursuing the unilateral authority to select his pool of assistants or construct the salary schedules for his Office, the Court finds that the District Attorney's position is wholly compliant with [the County Code]. Simply selecting the pay grade step on the schedule produced by County Council does not constitute the District Attorney infringing upon County Council's authority to fix the salaries for his assistants."

What makes this case truly bizarre, aside from the Executive's interference with an independently elected official, is that Northampton County courts have already ruled on this exact question. In the Morganelli case, to which I alluded above, the Judge Dally ruled that "[w]hile the District Attorney is limited by Council in the numbers of assistants he can hire and the range of the salaries he sets for them, he, pursuant to his hiring power, selects the pay grade step at which each of his Assistant District Attorneys start."

Instead of following an established precedent, the county tried to have Dally recuse himself. Not only did that effort fail, but the county solicitor's office was itself disqualified because it was trying simultaneously to represent Lamont McClure, a former Exec and current assistant solicitor, who had been subpoenaed to testify. The solicitor's office was conflicted. Does that office represent him or the current Executive? 

(In the past, I've been able to upload judicial opinions and briefs to Scribd. That system is currently inoperable, but I have uploaded Judge Dally's Order Denying the County's Motion for Judgment as his Order granting DA Baratta's Motion for Peremptory Judgment to Google Drive. You can click on the links to read these matters). 

What Is NorCo DA Steve Baratta Doing to Combat Crime?

NorCo DA Steve Baratta made the case for several upgrades in his office during NorCo's Personnel Committee yesterday attended by three Council members Tom Giovanni, Lori Vargo Heffner and Jeff Warren. I'll get into that, but he also briefed Council on just what his office is doing to combat crime.

He's starting an auto theft task force and has grant money that will help pay for it. The money actually comes from our auto insurance premiums. There are about five or six active task forces at this time in Philly, Allegheny, Bucks, Lehigh, Montgomery and possibly Chester. "This is getting to be a more active area of law enforcement," he explained. He's already spent $90,000 in drug task force funds for license plate readers throughout the county, which he said exist on nearly every street in Allentown. He posits this will lead to the recovery of more stolen cars.  He plans to meet with Warren and Monroe Counties to collaborate in joint operations. A full time DA and a county detective will be assigned to this task force.   

He mentioned a recent raid at smoke shops selling contraband to children. "We're going to be caught up in that and further investigating that for a while." He indicated his office was receiving complaints from schools about kids getting sick because they were vaping controlled substances above the legal limit for THC. He added there are "other funny chemicals" in products being sold at these smoke shops. "It got to be a real problem," especially because "a lot of these shops are located near schools."

He has started a central court for DUI, and the result is that these cases are moving through the criminal justice system more quickly. He said most of those cases are resolved then and there.

He wants to be more involved in community engagement and is working toward that goal. He wants to send "role models" to area schools to encourage students to avoid criminal activity. He indicated that juveniles who offend also tend to continue when they are adults. "We need to get to those kids and we need to try to help them become productive." 

What are the upgrades he seeks? 

First, he wants to upgrade five (5) FT Assistant District Attorney 1 positions. - Baratta explained these employees have done a "ton of work," as a result of which his office is now current. He said he'd like to reward them with a raise. He said most cases that come through the DA's office, excepting complex crime, are resolved within a year from date of arraignment. He noted this he is still five Assistant DAs short. He conceded that, compared to other counties, his staffing is "rather lean, but that's OK."

Second, Baratta wants to eliminate two  FT Clerical Technician 3 Positions and replace them with one  FT Case Management Assistant Administrator/Data Analyst Position and one FT Paralegal/Clerical Specialist Position. - A clerical tech in his office recently graduated as a paralegal and he plans to make her more active with file management, discovery and the use of power point in a courtroom, a mystery to many older lawyers. Another clerical tech is actually designing software upgrades that will save the county hundreds of thousands of dollars. She will maintain and continue to upgrade. "We're gonna' make out like bandits," said Baratta, who should know a thing or two about bandits/

Third, the DA wants to upgrade one FT Office Supervisor Position and one FT Administrative Assistant Position. 

Fourth, upgrade one FT Child Abuse Coordinator/Victim Advocate Position. He said the previous occupant of that position is one of the three who were caught up in an overtime "debacle" and is "gone." Funds for this are fully paid through a grant. 

The salaries paid for these upgrades were not really discussed, and we'll see what the new salaries are at Council's meeting tonight

Lehiigh Valley Live: Clerks Accused of Abusing OT in DA's Office Have Been Fired

Late last month, I told you that three of the top clerks in Northampton County's DA office were being investigated for overtime abuse, which was discovered by Human Resources officials when they were preparing a response to a right-to-know request for staff salaries from one of the local dailies. It appears that the county investigation is over. Lehigh Valley Live is reporting that the three clerks in question have been fired. 

According to the article, one of them earned $44,475 on top of her base salary of $58,366 in 2024. Another was paid $30,946 in addition to her $50,941 salary. A third picked up $15,572 added on to her salary of $61,490. 

This money will certainly be deducted from their pensions so that taxpayers are made whole. The state AG's office declines to say whether this trio is under criminal investigation. 

At last week's meeting of County Council, Controller Tara Zrinski let it slip that her office is conducting an audit at DA Steve Baratta's request. 

These employees have a right to file grievances and dispute whether they were abusing overtime. 

One of these alleged abusers - in fact the one who pulled down the biggest amount of overtime, injected herself into the DA's race between Terry Houck and Steve Baratta with claims of racism, and Baratta used these accusations to muddy up Houck during the campaign. 

In my original story, I received numerous comments from at least one member of this triumvirate, claiming "a political WITCH HUNT!! The DA should use his common sense! It appears more of a political attack on the DA office so it can cripple and get rid of his hard working dedicated public service working employees! The chain of command to claim they were not aware of signing OT is utter nonsense! How is OT payroll sign off going through so many channels? These women are victims of poor incompetent leadership oversight and being persecuted!" 

Now, these Clerks were attacking the man they helped elect. 

I received a different perspective from another clerk in that office, who tells me "[t]hey would berate people in front of everyone and played people against each other so that many of the young girls left. She would scream at me and others. ... She [top OT abuser] would come into the office, sit in her office and pray and sing so that everyone could hear her. The DA's race -  isn't that funny how they went around and lied about Terry [Houck] also he was kind enough to give her a shot at being the manager." 

$80,000 in Overtime Abuse By Top Clerical Staff Suspected in NorCo DA's office.

Three of Northampton County DA Steve Baratta's top clerical staff are currently on paid administrative leave. Human Resources is investigating whether the $80,000 in overtime they claimed over the last year was inflated in what amounts to possible theft by deception. If this is substantiated, the Attorney General will be notified. All because of a simple right-to-know request. 

Early this year, one of the local dailies filed a right-to-know request, seeking the salaries of every county employee. It's a good space filler. In the past, I've been critical of LehighValleyLive, which likes to publish what local government workers are paid, by name and wages. I've argued that just because you can file a right-to-know for this kind of information does not mean you should. Sure, I'd support publication of the highest salaries paid but consider publication of how little money is paid to most public employees is a bit intrusive. I was wrong. It is precisely because of such an inquiry that county officials discovered that top clerical officials in the NorCo DA's office may have been receiving overtime to which they had no right. 

One of these top clerks authorized the OT paid to two others. Her own overtime must be approved by the DA or First Assistant, but she may have disguised what she was seeking. The amount paid to her in 2024 was nearly as much as her own salary. 

She also claimed about $8,000 in OT in 2023, but administration officials concluded this extra work might have been necessary as the result of a transition from former DA Terry Houck to current DA Steve Baratta. 

I happen to know and respect all three of these clerks. If these allegations are true, it is very disappointing, especially in an office charged with the responsibility of enforcing criminal law. 

Because this is a personnel matter, there is no point in asking Executive Lamont McClure or District Attorney Steve Baratta exactly what is happening. But I've substantiated this story from current and former employees whose names must remain confidential. 

It is important to note that these are county employees but are under the direct supervision and control of the District Attorney, an independently elected office. 

Baratta Taps Bethlehem's Former Police Comm'r as NorCo Prosecutor

During a brief committee meeting of Northampton County Council yesterday afternoon, DA Steve Baratta announced that he has hired Frank Donchez, Bethlehem's former Police Comm'r, as an assistant prosecutor. 

Donchez, a 2001 graduate of Temple Law, served on Bethlehem's police department for 25 years (1985-2006). He practiced law in Bethlehem for six years before serving stints as police chief in Davenport, Ia (2008-2014) and Overland Park, Ka. 9 years). He is also a licensed pilot. 

Because he was hiring an assistant DA to an existing position, Baratta was a bit confused about why he was in front of council. Apparently, the reason is because the position involves a three-step upgrade from $67,828 to $77,403. Under the Administrative Code, a three-step upgrade requires County Council approval. 

Council member Kelly Keegan, obviously taking her cues from Executive Lamont McClure, questioned the need for a $10,000 3-sstep increase. The answer to that question should be just as obvious. Donchez is an experienced attorney with decades of experience as a police officer and as a chief.  

Keegan also complained that Donchez would be eligible for a pension after five years. 

Baratta noted that Donchez' salary would still be below the starting salary of an assistant public defender. 

NorCo DA Steve Baratta Has a 17-Person Prosecutorial Squad

At Northampton County Council's July 18, 2024. meeting, District Attorney Stephen Baratta discussed his staffing. He indicated he was slotted for 22 full-time assistants when he first took office but converted two of those positions to part-time slots. He indicated his "sweet spot" for dealing with what he calls a "significant backlog" is to have 17 or 18 full-time prosecutors and two part-time prosecutors. 

As of yesterday, he reports having a covey of 17 prosecutors, which I'm listing below. He hopes to hire one or two law school graduates over the summer. He told County Council that he will seek no additional money beyond what is allotted to him this year and plans to seek no increase in next year's budget. 

NorCo ADA List 8.5.24 by BernieOHare on Scribd

NorCo Assistant DA Faces DUI Charges in Lehigh County

A former Lehigh County prosecutor who now is Northampton County "Deputy" District Attorney is himself a criminal defendant. Joseph R Stauffer, who helps run the District Attorney's Drug Task Force, was charged by Whitehall Township police with driving while under the influence (DUI) on May 30, and at the highest rate of alcohol in his system (0.16% or higher.) He was also charged with the summary offenses of careless driving and with bad tires. He has waived these charges into Lehigh County Court and is scheduled to be arraigned on September 17.  He was required to post $2,500 bail.

He is represented by well-known and highly respected defense attorney Angelo Almonti. 

Because it is Attorney Stauffer's first offense, he will almost certainly be eligible for ARD.  

Stauffer is a 2003 graduate of Widener University School of Law and has practiced law since 2004. He has no history of any discipline by the state disciplinary board. 

I only learned of these charges on Friday through an anonymous comment posted on this blog. Though the offense is from May 30, the public has a right to know when a prosecuting attorney is himself in the dock. 

As an exempt employee, Stauffer has none of the job protections in place for career service or union employees. But most employees, whether they work in the public or private sector, survive a first offense DUI.

As of April, the following individuals were a part of the DA's staff: Robert Eyer - First Deputy District Attorney; Jeffrey Dimmig - Senior Deputy District Attorney; Matthew Falk - Senior Deputy District Attorney; Leonard N. Zito - Senior Deputy District Attorney; William M. Blake - Deputy District Attorney; Joseph D. Lupackino- Deputy District Attorney; Dan Polanski – Deputy District Attorney; Lisa Tresslar - Deputy District Attorney; Joseph R. Stauffer - Deputy District Attorney; Nicole Bachman – Assistant District Attorney; Catherine Kollet - Assistant District Attorney; Ellen S. Kingsley - Assistant District Attorney; and Michael S. Weinert – Assistant District Attorney.

There have been additional hires since that time, but I have no details at this time. 

NorCo DA Baratta's Proposed Detective Hire Stopped by County Administrators

Before last week's meeting of Northampton County Council, District Attorney Steve Baratta submitted two personnel requests. First, he was proposing the elimination of one vacant full-time Assistant DA position ($67,828) and replacing it with two part-time Assistant DAs ($58,584).  Second, he was proposing a new county detective, with the understanding that all detectives would be paid at Step 7G (salary unknown) County detectives are all union positions. But when County Council met last week on July 17 and 18, the Detective hire was missing. What happened?

Baratta was unavailable for the committee meeting to vet these requests on July 17, but First Ass't Bob Eyer was there. He and Council President Lori Vargo Heffner both noted that a proposed resolution authorizing a new detective was missing. 

Before they were able to discuss this, Council member Jeff Warren (a McClure ally) began complaining about the multiple personnel requests streaming in from the DA asking for salary increases a position restructures. He said he's like a "plan of action in terms of what [the DA] is looking to do in terms of salaries ... ."

At this point, Executive Lamont McClure approached Council to say he had a "nice conversation" with Baratta earlier that week. He indicated that the changes with the detectives implicate an existing collective bargaining agreement. "The county is the exclusive bargaining agent for the District Attorney's office, so these things need to be done in negotiations. He indicated any action taken by Council "would be a nullity on its face because it would be violative of the collective bargaining agreement." 

That's not how Baratta saw it. At the full County Council meeting on July 18, he said a secretary in Human Relations advised him that his detective proposal violated the collective bargaining agreement. "That's a pretty heavy legal opinion for a secretary to make," he observed. 

He said that, as District Attorney, he has the right to move positions around as he sees fit. He indicated his detectives are exempt positions, and so long as meets the budget, the caselaw says he is free to do as he wishes. He believes he can promote and hire detectives without violating any collective bargaining agreement.

Council President Lori Vargo Heffner told Baratta to prepare a resolution on his own and Council will consider it when they meet again August 2. 

Terry Houck Prepares to Depart as NorCo DA

I sat down with outgoing NorCo DA Terry Houck last week. He will be leaving office once Steve Baratta is sworn in to replace him. But he was still ready for action. Inside his office, he printed out data as he spoke and had three separate cell phones lined up to his right so he could respond immediately to incoming calls. 

He's had several offers, but said he needs time to decompress after which he will decide whether he wants to continue as a prosecutor, a consultant or retire. 

Terry has devoted his professional career as both a cop and as prosecutor, so he's ruled out a return as a criminal defense attorney. 

He started out as a beat police officer on the streets of Philadelphia, but found it ironic that the last criminal charges he approved were theft charges against Hellertown's former police chief. 

The biggest case he tried as District Attorney was the Easton Cafe homicide, in which Jacob Holmes, Jr. was convicted of first degree murder. That case was tried in the throes of the COVID-19 pandemic. Instead of being seated in the tight confines of a jury box, jurors were scattered throughout the courtroom. Everyone donned face shields as well, and a separate room was set up so that the public could view the proceedings. It was the first homicide case tried throughout the state during the pandemic. 

Houck stated COVID was a challenge. His office remained open because he considered his first duty was an obligation to keep the people of Northampton County safe.  With stores and businesses closed, there was less reported crime, But Houck wonders whether a lot of crime, especially domestic violence, slipped through the cracks. 

In four short years, he accomplished a lot. He established a recordkeeping system for police reports written by county detectives, He instituted an on-call system for after hours police calls. During COVID, he established a mutual aid agreement among all county police departments in the event that a department lacked the manpower to conduct patrols. 

In addition to reacting to crime, he undertook proactive efforts to prevent crime from happening. This included Courageous Conversations between law enforcement and local civil rights leaders in the wake of the George Floyd homicide. He established a Major Crimes Task Force to prepare for catastrophic or complex crime. He started a full-time, self-sustaining Drug Task Force, He organized the PAIR (police assisting in recovery) program, in which an individual suffering from substance abuse could walk into a police department and ask for help. He joined the opioid suit, which has netted the county $2 million for drug abatement. He also conducted several gun buybacks. He participated in the mental health problem-solving court and began talks to institute a pre-trial drug court.

He was working on a pardon project under which convicted offenders could  have their records expunged after a period of good behavior and a demonstration that they turned their lives around.   

His biggest regret was failing to establish a separate Child Advocacy Center in Northampton County. He had the support of Northampton County Human Services and a hospital was in place, but that decision will now be made by incoming DA Steve Baratta.

He never felt any political pressure in his charging decision, which he said were based on the facts and the law. He pointed out that his duty was to represent the people of Northampton County. "It is the Commonwealth against a Defendant, not Terry Houck against a Defendant."   

Steve Baratta, Union Buster

NorCo DA-Elect Steve Baratta ran as a Democrat. During his campaign, he staked out positions that are a bit left of center, at least for prosecutors. He opposed the death penalty. He'd decriminalize possession of marijuana. He opposes cash bail for many crimes. He refused to wage a write-in campaign as a Republican, and criticized incumbent Terry Houck for doing so. But before he's even sworn into office, he's taking a very Republican position. He's a union basher. I've told you about his decision to terminate two highly regarded county detectives protected by a union contract that specifically requires "just cause" for their removal. He just happened to pick the two detectives who negotiate the contract. If he gets away with this, no unionized worker is safe in his office. That includes all the clerks. Like the detectives, they can be fired at any time for any reason, including a bad reason.  

When I spoke to Baratta, he told me that the law supports his expansive view of his power to hire and fire, regardless of any union contract.  Let's look at the law. 

Pennsylvania's Constitution, like the US Constitution, provides for three separate, equal and independent branches of government - judiciary, executive and legislative. It specifically reserves to the courts the right to supervise their own employees. (Article V, Sec. 10.)  This is why many unionized court workers are still considered "at will." 

Like the courts, the office of District Attorney is also established by Pa,'s Constitution, (Article IX, Sec. 4). It would be a part of the executive branch, not the courts. No constitutional provision gives that office the exclusive power to hire and fire its staff.      

State law, however, does throw a monkey wrench into things. The County Code (Section 1620) provides that the "salary board" (Executive and County Council) have the sole power to negotiate with unions representing court workers as well as other staff for other elected or even appointed officers. But it goes on to provide that this "shall in no way affect the hiring, discharging and supervising rights and obligations with respect to such employes as may be vested in the judges or other county officers."

A strict reading of this statute suggests that no county union is safe, regardless of any "just cause" provisions in a collective bargaining agreement.  A Northampton County Corrections Director who is appointed by the Executive and confirmed by County Council, could ignore union contracts negotiated by his boss. So could a constitutional row officer like the Prothonotary.  This is precisely the rationale being advanced by Baratta. 

The law should never be interpreted to produce absurd results. Let me give you an example. Law provides that a person who breaks out of prison commits a felony, but no prisoner will be prosecuted if he escapes because the jailhouse is on fire. As one English judge pithily reasoned, "he is not to be hanged because he would not stay to be burnt." 

I'll concede that an independently elected District Attorney stands in a superior position to a row officer appointed by the county. He can argue that he has the exclusive right (by statute, not Constitution) to hire, fire and supervise. But he has to assert that right when the contract is being negotiated.  In one Berks County case, an elected row officers actually notified the "salary board" (County Commissioners) that "I do not authorize any negotiation on behalf of myself in regard to the hiring, termination or supervision of employees in my office." In another Lackawanna County case involving a contract negotiated by deputy Sheriffs, the Sheriff was uninvolved in negotiations. In stark contrast to those cases, incumbent District Attorney Terry Houck accepted collective bargaining agreements. Abd Baratta was on the bench. 

Baratta might be able to argue that he must be consulted before any new contract is negotiated with detectives or his clerical staff. But he's unable to unilaterally change the terms of a contract that was agreed upon before he even assumed office. 

What Baratta is actually doing is undermining the morale of his office before he steps foot inside the door. He could have made better use of his time by familiarizing himself with several ongoing investigations and prosecutions.   

Baratta Gives Two Assistant DAs and Two County Detectives Their Walking Papers

Some anonymous comments posted here allege that District Attorney elect Steve Baratta has notified two assistant District Attorneys and two County Detectives that their services are no longer needed. I reached out to Baratta and he confirms that he is, in fact, discharging these prosecutors and detectives.   

Assistant DAs serve at the pleasure of the District Attorney and are "at-will" positions. They can be terminated for any reason or no reason so long as there is no violation of important public policy. 

Unlike Assistant DAs, county detectives are unionized. Does that afford them some protection? According to Baratta, No. He contends that they collectively bargain for wages and benefits, but are still considered "exempt" or "at will" employees.

He stated that it's important that he has his own people in place when he assumes office.  I've heard and expect that he will announce some of these people in the coming days. 

Baratta Officially Unopposed in NorCo DA Race

On Friday evening, a reader took me to task for failing to report that county Republicans have named no candidate to oppose Democratic nominee Steve Baratta in this year's DA race. Actually, this blog was the first media outlet to inform you that Terry Houck, who won the Republican nomination as a result of a write-in campaign, had withdrawn. At that time, I added that Republicans had a limited amount of time to come up with a substitute. The sands in that hourglass emptied on Thursday with no nominee. This means that Baratta is the sole candidate running in this race. Is it possible he could lose as a reesult of a write-in campaign? Yes, but that is highly unlikely. 

NorCo Counil Proposes Limiting DA to FourTerms

By a 6-3 vote, Northampton County Council voted last night to ask voters to consider whether future District Attorneys should be limited to four terms. The reason why County Council went to four terms is because professional prosecutors would then be more likely to be interested. 

The Council members opposed  to this referendum are Ron Heckman, Tara Zrinski and Kevin Lott. 

This matter will be placed on the ballot next Spring. It is too late to do so now. 

(My original headline was incorrect.)

NorCo Council Authorizes DA Houck To Give Raises and Pay Longevity Bonuses to Assistant DAs

Last night, Northampton County Council voter unanimously to approve raises for two assistant District Attorneys that DA Terry Houck recently promoted to Deputy DA. Their salaries will increase from $78,784 to $82,329.  In addition, they approved $3,000 longevity incentives for 13 assistants. 

Houck explained that a Deputy DA supervises assistants, screens cases, conduct continuing legal education classes and is part of a leadership group that discusses issues ongoing prosecutions. 

Both of the promoted deputies are female. 

Prior to the meeting, Houck provided County Council with a memo noting that there is a nationwide staffing shortage among prosecutor offices. "We're down, but we're not at a stage where any of our services are impacted at all," said Houck. 

He noted that Montgomery County is down 22 assistant DAs, and is offering a $4,000 longevity bonus. He added that Allegheny County has lost 22 assistant DAs just this year. 

He told Council member Kevin Lott that his office is currently down about four assistants.  

Competition for prosecutors has increased. Houck told Council that the Attorney General and US Attorney Offices offer much more money. "People that are leaving are leaving for really good reasons," he said. "They're getting a lot more money."

Lott noted that a salary study shows that Northampton County starts assistant DAs at around the same salary range as assistants in other third class counties.. Houck agreed, although he said that Lehigh County pays starting assistants about $4,000-5,000 more than Northampton. 

But he said that's not the problem. The problem comes in hiring assistants who have experience. They are brought in at the same salary as assistants with no experience at all. He noted that he recently hired an attorney with 16 years of experience, and has to pay him the same salary as an attorney fresh out of law school. 

Council member John Cusick suggested that Houck might want to return to hiring part-time assistant DAs who have established practices. Houck said he is considering that option. 

Houck is currently seeking re-election as District Attorney, and is opposed by Steve Baratta.

NorCo DA's Race: Houck Is In It To Win It

A rumor about NorCo DA candidate Terry Houck is being whispered down the alley. I first heard it in the form of anonymous comments on this blog, almost immediately after the primary.  The scuttlebutt is that Houck would drop out of the race and, once his term is up, work for either Steve Baratta or some other District Attorney. Because I know Terry and how strongly he believes that he needs to stay in office, I  immediately rejected this hearsay as sheer nonsense. But then I heard the story again yesterday from two different people, one of whom claimed he heard it during the call of the list. So I called Terry, and he made clear to me that he's in it to win it. 

Despite the money poured into Baratta's coffers by developers and Ray Lahoud, and in spite of the efforts that John Morganelli has made behind the scenes to unseat Houck, he still attracted a substantial number of  Democratic votes and was the overwhelming choice of Republicans who wrote him in.  He intends to win this race by appealing to the numerous Democrats, Republicans and independents who think that they, and not Allentown developers and lawyers, should decide this race. They think they, and not Democratic or Republican party bosses, should make the call, 

Stay tuned. 

Guest Post: Monkey Business and the DA's Race

Hi there!

I'm Jacko the Monkey.

I live in a closet at the Northampton County Courthouse. I'm about to come out of the closet

I'm used to eating bananas and throwing poop. Little did I suspect that I, an innocent and playful simian, would get dragged into the dirty world of Northampton County politics by a bottom-feeding blogger.

He got me drunk one night and has my story on tape. He's threatening to release it before November's election. He's apparently never heard the expression, "See no evil, hear no evil, speak no evil".

He has monkey brains.

You tea-party types need to talk him out of publishing his story, which he calls "gorilla warfare."

If he goes ahead anyway, I want you all to know that NorCo's GOP DA candidate, Tom Carroll, used me. I may toss poop nuggets, but I'm no racist.

Trump Sign May Have Doomed DiLuzio's DA Race

Nuria DiLuzio wants to be Northampton County's next District Attorney. Before that can happen, she must capture the Democratic nod. Based on a photo that made its way to Facebook over the weekend, her campaign might already be over. It's a photograph of a Donald Trump sign from the 2016 Presidential race, which was on her side door. This revelation has upset many Democrats.

Northampton County is one of 209 purple counties to vote twice for Barack Obama, then Donald Trump.He won with 49.63% of the vote. This happened because, obviously, some Democrats voted for him. Since then, the pendulum has swung back to favor Democrats.A Democratic County Exec and five Council members were swept into office in 2017. So long as Trump keeps tweeting, things will stay that way.

Though DiLuzio seeks the Democratic nomination, she was a registered Republican until November 19 of last year. This was just two days after incumbent District Attorney John Morganelli announced he had enough as  the county's top prosecutor and would let someone else shoulder the responsibility. Her voting history from 1996 shows that, except for 2012 and 2013, she has always voted as a Republican.

This completely stunned many local Democrats, especially those active in local elections. DiLuzio has been a frequent supporter Democratic supporter. She has backed State Senator Lisa Boscola, Bethlehem Mayor Bob Donchez and NorCo Exec Lamont McClure. I've seen her at numerous Democratic fundraisers, so I was surprised by her Republican affiliation.

When confronted over her party switch, Diluzio responded that she is a Democrat. "My values align and have aligned with the values of the Democratic party," she explained. 

I accepted this explanation, but it is now known that she had a Trump campaign sign affixed to her front door during the 2016 election. Lehigh County Comm'r Amy Zanelli uploaded a photograph at Lehigh Valley Roar over the weekend "Just thought you might want to see her front door," she says.

Reaction has been quick and furious. I've been told (not confirmed) Lehigh Valley Roar and some of the unions backing her have withdrawn their support. Bethlehem Mayor Bob Donchez, her campaign chair, has asked for an explanation. And yesterday, she met with her campaign consultant, who is only willing now to help DiLuzio withdraw.

DiLuzio acknowledged that she did have a Trump sign affixed to her door, which faces her next door neighbor. She denies that she supports Trump, calling him "abhorrent." She admitted that a Trump sign was on her door during the 2016 race,, but only for a few days. She said her neighbor had been besieging her with Hillary information, and the Trump sign was an attempt to give her some of her own medicine. She added that in many marriages, a husband and wife can support different candidates.

I find it kind of bizarre that someone would hold onto a picture taken in 2016, and then use it three years later. But it's obvious that's what happened. So I find DiLuzio's explanation is credible. Having said that, I will support Terry Houck.

Taking DiLuzio at her word, she admits to taunting a neighbor. Vindictiveness should be absent in a prosecutor. Though both are great administrators, Houck is an experienced prosecutor who has tried most of the county's most difficult cases since he came aboard. In contrast, DiLuzio has had two jury trials. As a prosecutor, Houck has tried capital cases. DiLuzio has no death penalty certification.

Diluzio is very personable. I admit I like her. I accept her explanation. I support Terry Houck.

Erratum, 2:00 pm: I incorrectly stated Dems won five seats on NorCo Council in 2017. They won four.

Morganelli's Top Assistant Running for DA

The field in the NorCo DA's race is beginning to get crowded. John Morganelli's top assistant, Terry Houck, has announced his candidacy for the Democratic nomination. His news release is below. Without dispute, Terry would be an excellent DA. His opponent is Chief Public Defender Nuria DiLuzio, who would also be excellent.

Among Republicans, the only announced candidate so far is Tom Carroll, who practices almost exclusively in Montgomery County. He did work in the NorCo DA's office for two years, but suddenly resigned.

Who does Morganelli want to succeed him? Because he's running fir judge, he is unable to endorse anyone. 

From Terry Houck's campaign: Today, Northampton First Deputy District Attorney and lifelong Democrat Terry Houck announced his campaign for Northampton DA. Houck also proudly announced that his bid for District Attorney has already received the endorsement of Fraternal Order of Police Washington Lodge #17 (the FOP Lodge of Easton, PA).

In a letter, FOP Lodge #17 said “As a former Law Enforcement Officer [Terry Houck] knows the challenges that police officers face on a daily basis and the split second decisions that we are forced to make. [Terry] has promised to pursue the truth no matter where it may lead and for these reasons we are proud to support you in your upcoming campaign for Northampton County District Attorney.”

Houck has served alongside District Attorney John Morganelli as Northampton County’s First Deputy DA for 13 years. As First Deputy District Attorney, Houck oversees 20 attorneys, and all specialized units including the Child Abuse/Sex Offense, Violent Crimes, DUI, Grand Jury, Narcotics and Forfeiture, White Collar, Juvenile, Appellate and Domestic Violence Units.

Houck regularly prosecutes high profile and particularly sensitive cases, including violent crimes and homicides. He has spent over 32 years as a prosecutor in Bucks, Lehigh, and Northampton Counties. For more than 20 years he has specialized in violent crime prosecutions. In his role in Bucks County, he investigated and prosecuted hundreds of sensitive sex offenses and child abuse cases as the Chief Deputy District Attorney.

Prior to his career as a prosecutor, Houck was a decorated Officer of the Philadelphia Police Department, where he earned numerous commendations including the Chapel of the Four Chaplains Award for Bravery.

In a statement, Houck said

I’ve spent my career standing up for victims of crime, and ensuring that those who abused and victimized the vulnerable faced consequences for their actions. For 30 years I’ve seen my role  as a true advocate for victims when they are at their most vulnerable. I’ve stood up for the citizens of Northampton County for 13 years - and as District Attorney, I will keep up that fight.

I grew up one of nine kids in a row home in Philadelphia on a blue collar income. I became a Police Officer because I saw that having a fighting chance at the American Dream meant living in a safe community, free from victimization. When I passed the bar exam and became an attorney, I knew I wanted to spend my career fighting for justice for victims of crime and helping to keep our communities safe. I have spent three decades fulfilling that vision, and I will continue to fulfill it as our District Attorney.

The District Attorney has a duty to the people of Northampton - you put your faith in our office to advocate for you, for all of us, when our laws are broken. I’m not interested in using this role as a platform for higher office, or to move on to the private sector in a few years. Though the responsibilities of the District Attorney are many, the core mission is clear: to continue to fight for and give a voice to the innocent victims in Northampton County.

The FOP Washington Lodge #17 has endorsed my campaign because after my years of service to Northampton County, they have seen my commitment in action. They know the simple truth about me - I will not shy away from the truth, no matter where it leads us.”

About Terry Houck

Terry graduated from the Philadelphia Police Academy in 1977, holds a B.A. in Criminal Justice from LaSalle, an M.A. in Human Organization Science from Villanova University and his J.D. from Temple University.

Terry lives in Easton with his wife of 40 years, and has two daughters, a son-in-law and a granddaughter. Terry grew up with 4 brothers and 4 sisters, the child of William and Regina Houck in Philadelphia, Pennsylvania, where he went to Cardinal Dougherty High School.

His career as a prosecutor started in 1986 as an ADA in Bucks County, where he earned a promotion to Chief Deputy District Attorney and headed the Child Abuse/Sex Offense Unit. In 2002, he joined the Lehigh County District Attorney’s Office as a Chief Deputy District Attorney and the Chief of the Violent Crime Unit.

In 2006 he was hired by District Attorney John Morganelli as the first full-time First Deputy District Attorney, directly overseeing all specialized units. He has personally investigated and  successfully prosecuted some of the county’s most difficult and high profile cases in the last 13 years, a selection of which are listed below.

Prominent convictions include:  

• 2007 1st Degree murder convictions of Ali Davis, Demar Edwards and Olayiwola Hollist for the “execution-style” murders of three people in a home in Easton,

• 2008 1st degree murder conviction of Eugenio Torres for the beating death of a three-year old child.
• 2017 conviction of Daniel Clary for the Attempted Murder by of Pennsylvania State Troopers Seth Kelly and Ryan Seiple.

DiLuzio Announces DA Candidacy

Last night, before a throng of about 120 supporters at the Blue Grillhouse in Bethlehem Township, Nuria DiLuzio announced her candidacy for District Attorney in Northampton County. DiLuzio is a graduate of Temple Law School, which she attended at night in her desire to become a lawyer. Daughter of an Albanian immigrant who fled Communist tyranny, DiLuzio said she would "enforce the law fairly and completely,with regard to the rights of all involved."

She has spent most of her two-decade career as a defense lawyer, and is Northampton County's first female Chief Public Defender. Though she has no prosecutorial experience, she pointed out that neither did John Morganelli when he took office a quarter century ago, and he leaves behind a legacy of which all can be proud.

She said the office of District Attorney "is not about power, but service." She pledged to lead an "exceptional" team of prosecutors and law enforcement to protect and serve us all. She also promised "new and creative ways" to deal with crime. "I will work with county government and all concerned citizens to protect our most vulnerable, like our children and seniors. I am prepared to do the hard work as your next DA."

Based on those attending DiLuzio's announcement, she already appears to be the person to beat.

NorCo and LeCo Sheriffs Rich Johnston and Joe Hanna

She was introduced by Bethlehem Mayor Bob Donchez. He both endorsed her and read a letter of support from State Senator Lisa Boscola.

The biggest plug came from Bethlehem Police Chief Mark DiLuzio. He referred to Nuria, not just as his wife, but as "the woman I love."

Both Northampton County Sheriff Rich Johnston and Lehigh County Sheriff Joe Hanna, who is running for re-election, were there. So were a rather large number of law enforcement people. The bastards were having my car towed while I snapped pictures.

Northampton County Council members Ron Heckman, Kevin Lott and Bill McGee were there. Former NorCo Council President Ken Kraft timed the speeches to make sure no one went over five minutes. I also saw Bethlehem City Council member Bryan Callahan and several Bethlehem cabinet officials.

There were also several trades union reps on hand.

Several prominent attorneys also came, including NorCo Solicitor Missy Rudas, Palmer Solicitor Chuck Bruno and Dwight Danser.

Civil Rights leader Esther Lee was also on hand.

Where was John Morganelli? As an announced candidate for judge, he has to be Switzerland when it comes to politics.

Nuria DiLuzio to Run For NorCo DA

Bethlehem Attorney Nuria DiLuzio will announce her candidacy for Northampton County District Attorney tonight, 5:30 PM, at the Blue Grillhouse in Bethlehem Tp. She has served as both a full-time and part-time public defender, and is currently Chief Public Defender. She has also maintained a private practice since 2001, focusing on criminal defense and family law. She is married to Bethlehem Police Chief Mark DiLuzio. She is a Democrat.

The only other candidate to announce so far is Republican Tom Carroll, who announced his candidacy in Lehigh County.

Why is DiLuzio running? She'll explain tonight.