Federal Court Dismisses Civil Rights Lawsuit Filed by NorCo's Former Custody Master

Yesterday, I told you that a federal civil rights lawsuit filed by former Northampton County Custody Master Lisa Tresslar had been put on hold by District Court Judge John Gallagher. I saw that as a sign that the parties were working on a settlement of Tresslar's claim of first amendment retaliation. I was wrong. Judge Gallagher apparently stayed the matter because he had heard enough. Yesterday, he granted a motion of summary judgment in favor of President Judge Craig Dally and Court Administrator Jermaine Greene and against Tresslar. Her claim has been dismissed with prejudice, meaning it's over for her. 

Tresslar served as NorCo's first ever full-time Custody Master between 2014 and 2023. She had been Judge Michael Koury's Clerk and was lured into the role by then President Judge Steve Baratta. During her time as Custody Master, Tresslar became deeply concerned about proposed changes in custody guidelines. She believed they would force families to agree to settle custody disputes without vital evidence being heard by the courts that could endanger children. She voiced these concerns to President Judge Dally. She spoke in opposition to these changes at a meeting of the NorCo Bar association family law committee, although she claims she did that in her capacity as a citizen and not as Custody Master. She also spoke to investigators who were reviewing claims of judicial misconduct filed against two jurists. 

Notwithstanding Tresslar's opposition to these changes, new custody guidelines were eventually imposed. In addition, Tresslar's role was reduced. She lost her supervisory power, and she was placed under a part-time custody master. Her workload was changed, and she resigned.

Without even reaching the question whether she suffered retaliatory behavior, Judge Gallagher concluded that her lawsuit must fail because her speech would only be protected if it was in her capacity as a private citizen, and not as a custody master. Moreover, even assuming that she could establish that her complaints about revised custody guidelines were made in her capacity as a private citizen, she never established that anyone on Northampton County's bench knew of them. 

So ends a case with many twists and turns and the discovery that Tresslar may have played favorites with at least one attorney, Stan Margle. He was once her own attorney in her own custody battle, and discovery revealed several inappropriate text messages from Tresslar in which she appears to advise him on strategy and demeans another attorney opposing him.   

You can read Judge Gallagher's opinion below. 

Summary Judgment Against Tresslar in Federal Case by BernieOHare

UPDATED: NorCo's Three Judicial Candidates to Succeed Judge Tony Beltrami

Bob Eyer

Three lawyers - Jeremy Clark, Bob Eyer and James Fuller - are running for the judicial seat that Judge Anthony Beltrami is leaving at the end of the year. It's known as Common Pleas Court, a court of original jurisdiction, established under Pa.'s Constitution. These judges handle it all, from slip-and-falls to first degree murder. Unlike most elected public offices. judges serve for 10 years because their first obligation is to the constitution and the law as opposed to mob rule. If they want to stay another 10, they can simply seek retention. Once elected, a judge in most instances will be on the bench until he goes tets up or turns 75. There is no overhead, and the salary in NorCo is $229,393 this year. It's tied to the cost of living, and goes up automatically every year. Judges get excellent benefits, including health care and a defined benefit pension that vests in just 10 years. 

Of the three candidates in this hunt, Clark and Eyer have cross-filed. Fuller is seeking only the Republican nomination.

Bob Eyer

I am reluctant to give him the kiss of death, as I am often correctly accused of doing, but I'm going with Eyer. Over the past 33 years, he's been an assistant DA, served under former GOP Exec John Brown as Chief Public Defender, and currently is the First Assistant DA. He clerked for Judge Jim Hogan fresh out of law school and also clerked for Bob Freedberg when he was a Superior Court judge. He also has been in private practice, and once successfully represented one of my customers after I blew a title search. He was and might still be a runner, and I sometimes ran in raced with him. I'll never forget how he'd stop periodically to light up a cigarette. 

Last week, DA Steve Baratta was before NorCo Council to seek several upgrades to his staff. He told Council he's still five attorneys short, and that if Eyer wins, he'll have to replace him too. 

Baratta, who has endorsed Eyer, said his top assistant "is an animal when it comes to moving inventory and doing work. He is in my office virtually every day of the week, including Saturday and Sunday." 

Eyers' PrePrimary campaign finance report reveals that he has raised $108,975 between January 1 and May 5. This includes $62.775.80 he lent to his campaign. I should note that in addition to filing the required report with the Department of State, Eyer has filed a courtesy copy with the county elections office. This demonstrates transparency to the public. 

Of Eyer's smaller ($250 or less) contributors, 23 are from Northampton or Lehigh County.  

His only PAC donation is $250 from former Mayor Bob Donchez. 

Of his 46 larger ($250 or more) donors, less than half (21) are from attorneys who might appear before him. 

A 24-hour report also reveals that he lent his campaign an additional $12,000.

Jeremy Clark

Jeremy Clark

I like Clark, too. He's a combat veteran who served in the 82d Airborne, which happens to be the unit in which my daughter served. I've seen him at Easton City meetings and have also watched him represent clients seeking plan approvals and zoning relief. He has been campaigning hard and has hot a lot of doors. I know that he does most of the research when Easton City Council has a legal question.

He's working hard on his campaign as well. He has been knocking on doors throughout the county, and I see his signs in numerous yards. 

One local lawyer tells me he wishes Eyer and Clark could take turns serving six months on and off. 

Clark's Pre-Primary report is filed but fails to appear as a courtesy copy on the county website or with the department of state. He tells me this is because it failed to include a notarial seal. His report is considered timely but is unavailable to the public at this time. In addition, he failed to include his April expenses and will need to amend what he filed.

He did send media sources his report, but I would prefer to see it out there for everyone to see, especially since readers often pick up on things that reporters miss. 'm unable to do that in this instance because his Preprimary report only loads on my iPhone. On my PC, it is blank. 

Clark reports having received $94,222,12, which includes a $70,000 loan to himself. There are no PAC contributions. His warchest includes $4,003.87 in 26 contributions of $250 or less, and $90,130.26 in contributions over $250. 

Of his 26 smaller contributions, 13 are local. Of his 21 contributions over $250, only 10 come from attorneys who would be expected to appear before him.

Some attorneys gave the same sum to both candidates. 

He has spent $63,480.71. His biggest expense is $12,500 paid to Easton City Council member Franks Pintabone and another $12,500 to Baron Vanderburg to manage his campaign. He also spent over $8,200 for signs and $4,500 for a poll. (Report below)

James Fuller

I'm unable to vote for James Fuller unless he gets the GOP nod. Although he is personable and has plenty of experience as a criminal defense attorney and prosecutor, it's in Monroe County. I would prefer a judge who has experience in this county, not somewhere else. 

Fuller reports that he neither raised nor spent any money. I'm told he has campaign signs everywhere, but I've seen none.  

Jeremy Clark AMENDED-campaign Finance Report 2nd Friday Pre-primary by BernieOHare on Scribd

Who Is Your Pick For NorCo Judge?

Bob Eyer

Three lawyers - Jeremy Clark, Bob Eyer and James Fuller - are running for the judicial seat that Judge Anthony Beltrami is leaving at the end of the year. It's known as Common Pleas Court, a court of original jurisdiction, established under Pa.'s Constitution. These judges handle it all, from slip-and-falls to first degree murder. Unlike most elected public offices. judges serve for 10 years because their first obligation is to the constitution and the law as opposed to mob rule. If they want to stay another 10, they can simply seek retention. Once elected, a judge in most instances will be on the bench until he goes tets up or turns 75. There is no overhead, and the salary in NorCo is $229,393 this year. It's tied to the cost of living, and goes up automatically every year. Judges get excellent benefits, including health care and a defined benefit pension that vests in just 10 years. 

Of the three candidates in this hunt, Clark and Eyer have cross-filed. Fuller is seeking only the Republican nomination.

As a registered Democrat, I can only vote for Bob Eyer or Jeremy Clark. Both are excellent and well-respected lawyers. 

In advance of receiving my mail-in ballot, I've received three mailers from Eyer and two from Clark. I also received a text message from his campaign. There has been no negative campaigning. 

Jeremy Clark

I am reluctant to give him the kiss of death, as I am often correctly accused of doing, but I'm going with Eyer. Over the past 33 years, he's been an assistant DA, served under former GOP Exec John Brown as Chief Public Defender, and currently is the First Assistant DA. He also has been in private practice, and once successfully represented one of my customers after I blew a title search. He was and might still be a runner, and I sometimes ran in raced with him. I'll never forget how he'd stop periodically to light up a cigarette. 

Don't get me wrong. I like Clark, too. He's a combat veteran who served in the 82d Airborne, which happens to be the unit in which my daughter served. I've seen him at Easton City meeting and have also watched him represent clients seeking plan approvals and zoning relief. So, I respect a vote for him as well.  

I'm unable to vote for James Fuller unless he gets the GOP nod. Although he is personable and has plenty of experience as a criminal defense attorney and as a prosecutor, it's in Monroe County. I would prefer a judge who has experience in this county, not somewhere else. 

Armchair LV Reports Monroe County Prosecutor to Seek NorCo Judgeship

Armchair LV reports that James Fuller, who practices in nearby Monroe County, plans to seek the judgeship that will open when Judge Tony Beltrami steps down at the end of the year. He's got company, I've already told you that Bob Eyer, NorCo's top assistant prosecutor, is running. So is Jeremy Clark, who served in combat with the 82d Airborne and is a lawyer for the City of Easton.

Fuller is a Republican while Eyer and Clark are Democrats. Candidates running for judge usually cross-file. Fuller has been a prosecutor in Monroe since 2023. Prior to that, he was an assistant Public Defender for seven years. He is a graduate of Easton Area Hugh School, Penn State and Cooley Law School. He ran unsuccessfully for NorCo Council in 2019. 

Eastom Lawyer Jeremy Clark Expected To Announce Judicial Candidacy Today

I told you earlier this week that Bob Eyer, NorCo's First Assistant DA, has announced his candidacy for the judgeship being vacated by Judge Tony Beltrami. He was the first out of the gate, but I expect to see several more candidates.

One of them is Easton Attorney Jeremy Clark. He's expected to make his announcement tomorrow. He is an Assistant City Solicitor in Easton. Over the years, I've seen him in action at several zoning hearings and he's good. What I did not know until I looked at his webpage is that he's served three combat tours as an infantry officer with the 82d Airborne, one of the Army's most elite units. My daughter served with that unit in Iraq. 

I doubt I'll be able to attend his announcement as I have several conflicts today but will publish his announcement when I get it. 

Expect to see more candidates announce in the coming days. 

Bob Eyer To Seek NorCo Judgeship

Blogger's Note: I've known Bob Eyer a long time, longer than probably both of us would like to remember. I first became acquainted with him back in my running days. Bob was younger and faster than me, but I'd catch him in longer races because he liked to stop for a cigarette break. He also successfully represented a friend of mine after I searched a property for him and got mixed up on which of two open mortgage foreclosures was being exposed to sale. I got the wrong one. Somehow, he won a complete victory despite my screw-up. Now Bob is the First Assistant District Attorney and is running for the seat being vacated by Judge Tony Beltrami at the end of this year.  

Here's the announcement: Robert Eyer officially announces his candidacy for Judge of the Court of Common Pleas of Northampton County.

Robert Eyer is the First Assistant District Attorney of Northampton County, a position he has held since selected by Northampton County District Attorney Stephen G. Baratta, who previously served as a Judge of the Northampton County Court of Common Pleas. Eyer’s diverse experience over 30 years as a lawyer uniquely qualifies him to serve on the Court. Eyer’s experience includes: prosecuting the most serious criminal offenses for two separate elected District Attorneys, criminal defense, civil litigation, business litigation, estate litigation, municipal zoning and planning, divorce, child custody, juvenile delinquency and dependency. Eyer also served as a Special Assistant United States Attorney and as Chief Public Defender of Northampton County.

Robert Eyer had this to say about today’s announcement: “It has been a privilege serving Northampton County in a number of roles throughout my career. My experience will provide me with the tools to continue to serve our community as Judge. I have great respect for the rule of law, born out of my life’s work in these courtrooms, and I am firmly committed to our tradition of fairness and equal justice for all.”

Robert Eyer graduated from The Dickinson School of Law in 1992 and from Indiana University at Bloomington in 1989. He began his legal career as law clerk to Judge James C. Hogan of the Court of Common Pleas of Northampton County.

After serving with Judge Hogan, Eyer practiced law with an Easton law firm, where his practice included litigation and criminal defense. Robert Eyer then opened his own private law practice. Eyer later joined the Office of the District Attorney under the then District Attorney John M. Morganelli, who is now a Judge of the Court of Common Pleas.

Robert Eyer moved from the District Attorney to serve the Court in an administrative capacity managing a flood of asbestos cases under The Honorable Jack A. Panella, now President Judge Emeritus of the Superior Court, and then under The Honorable Edward G. Smith, later a Judge of the United States District Court for the Eastern District. When Northampton County President Judge Robert A. Freedberg was appointed by the Governor to the Superior Court, Judge Freedberg asked Robert Eyer to serve as his Chief Judicial Law Clerk.

Robert Eyer returned to prosecuting violent crimes under District Attorney Morganelli and also served as lead prosecutor of the investigating grand jury.

Throughout his career, Robert Eyer has frequently served as speaker at various programs on criminal law and criminal procedure presented for lawyers and the public

NorCo Judges Want Witnesses in Former Custody Master's Federal Lawsuit to ID Themselves on Criminal Arraignment Day

Yesterday was arraignment day in Northampton County Courtroom #1. That's our historic and ceremonial courtroom, with portraits of scowling dead judges littered along the walls between colossal windows and a ceiling that rivals the Tower of Babel in size. The well of the court has plush carpeting and a mammoth mahogany bench for the court en banc, although there are now more judges than room for them all to sit there together. There's an ornate jury box with cushioned chairs. The well also includes a ring of cushioned chairs and a few benches at which lawyers can be seated. Everyone else is an untouchable and must sit in one of many hard wooden pews that make their way from the well to the back. It's very much like a church, except the priesthood consists of judges and lawyers. When a robed judge marches in, everyone must rise until told they may be seated. During yesterday's arraignment, 33 pages of criminal defendants were formally notified of charges against them and were asked how they intend to plead.  It's a cattle call but can be very intimidating for people stepping foot inside a courtroom for the first time. Yesterday's call of the list (which is what arraignments are called) may have been intimidating for some lawyers as well. 

Judge Sam Murray handled yesterday's arraignment. But instead of starting off by calling the names of the numerous defendants, he had an announcement. At the request of the President Judge, he wanted two people who are named as witnesses in a federal lawsuit to identify themselves. 

This federal lawsuit in question is a civil rights action filed by former custody master Lissa Tresslar on April 5 against Northampton County Court alleging wrongful termination and retaliatory actions for her free speech in criticizing the way that custody matters were being handled. That matter is currently in discovery. 

Tresslar is currently employed as an assistant District Attorney, but her role insulates both her and the courts. She handles the numerous appeals before the Superior and Supreme Court and thus has no contact with the county judges. 

But yesterday, perhaps in an abundance of caution, the courts wanted two witnesses in Tresslar's lawsuit to identify themselves. Those two witnesses, like Tresslar, happen to be prosecutors. One of them was "devastated" after being publicly outed. Some attorneys, who themselves are potential witnesses, delt this was an attempt by the courts to intimidate them and make them less reluctant to testify.

More likely, the court was simply trying to determine if there are situations in which an individual judge assigned to a matter involving that lawyer might feel compelled to recuse himself or herself. 

Frankly, I fail to see how a lawyer's involvement as a fact witness in a wrongful termination lawsuit has any bearing at all on the administration of criminal justice. Moreover, it appears that the court could easily have applied less intrusive methods of establishing who may have knowledge of facts in a totally unrelated matter. This could easily be accomplished via colloquies on the record between the judge, prosecuting attorney, defense attorney and defendant. There was no need to bring this out in a courtroom filled with hundreds of people. 

Unfortunately, I do not have the transcript of what occurred and am going by reports from third parties. I'll have more details when I review it. 

Basically, I find no fault with the court's attempt to determine whether there is a need for recusal. I just think it went about it with a buzzsaw. 

Who Will Replace Judge Anthony Beltrami on NorCo's Bench? Part 2

Yesterday, I identified potential candidates to succeed Judge Anthony Beltrami, who is rumored to be stepping down at the end of his term next year. Since that time, I've heard that some of the people I mentioned have no desire to run, while others I failed to mention are considering that black robe. 

I'm told that Magisterial District Judge Sandra McClure, Bethlehem attorney Vic Scomillio and Easton lawyer Nancy Aaroe have ruled out a race at this time. Also, I need to clarify that Lisa Tresslar is entirely my own suggestion. She has told me several times, to my chagrin, that she has no desire to sit on the bench. 

One of the new names I've heard is Joe Kelly, an aide to State Senator Lisa Boscola. I won't hold my breath. I hear his name every time an office pops up, and he never runs. 

Then there's Magisterial District Judges Alan Mege and Rick Yetter. I think Mege should consider his parental duties first. He was parking in a spot reserved for expectant mothers, so I assume he must have recently given birth. And as for Yetter, I'm still trying to figure out how he ever passed the bar exam. 

One promising name I've heard is Rory Driscole, a prominent and highly regarded criminal defense lawyer. 

Who Will Replace Judge Anthoy Beltrami on NorCo's Bench?

According to several sources, NorCo Judge Anthony Beltrami plans to step down from the bench when his term is up at the end of next year. We'll know for sure when he notifies the Administrative Office of Pa Courts whether he plans to seek retention. His scholarly judicial opinions, among the finest I've ever read, will be missed. But he'll be able to devote more time to what he loves - harness racing. He's ranked as one of the best drivers in the country.  Who will replace Judge Beltrami if he does step down?

I've heard several names. Bob Eyer, who is currently the First Assistant DA, is one person. Others include Jeremy Clark, an Assistant City Solicitor, and Magisterial District Judges Vivian Zumas and Sandra McClure. There's also Nancy Aaroe, who ran a spirited campaign for judge last year, and Vic Scomilio, a Bethlehem lawyer and former county solicitor who has waged two campaigns.  

I believe a McClure candidacy would be terrible optics at a time when her husband is seeking a third term as Executive.   

Lisa Tresslar, NorCo's former custody master, should run. She is a Harvard Law grad and was Editor of the Law Review. It would put her on an even footing with three judges whose views on child custody differ starkly from hers. Moreover, she is a conservative Republican whose legal brilliance is admired by many Democrats, including me. 

UPDATED: NorCo Judges - Above the Law (or Lousy Journalist)?

The D-Day Bank Massacre presents this harsh, but all-too-accurate, assessment of judges.

"If anyone tries to tell you that judges are apolitical, tell them to call me. In my 26 years as a practicing lawyer, I have learned that judges are probably the most political animals in the political and legal jungle. Not all of them, of course. But many come to their positions with the same prejudices and bias that we all have from our life experience. The donning of the black robe allows them to hide behind the law while forming their own ideas of how things should be."

The author of that book is John Morganelli, who now sits on the bench himself.  In my view, many judges do more than hide behind the law. They actually exalt themselves above it. An example of this comes from President Judge Craig Dally's decision to hire a private security firm to assume the role of youth care workers at the Juvenile Justice Center. He did so without first submitting the contract to the Executive, as required by the Home Rule Charter. (Section 302 (4)).

I learned yesterday that these "temporary" workers are performing the exact same functions at the youth care workers who are there and are paid $4 per hour more. No effort has been made to reach an agreement with the AFSCME union that represents these youth care workers. On its face, this is union busting, an unfair labor practice. This could explain why the President Judge chose to ignore the express mandate of the Home Rule Charter. Human Relations would no doubt blow a whistle. Judges apparently think they can ignore our county constitution because they think they are above it. Let me give you another example. 

Under the express terms of our Home Rule Charter (Section 909). the county must provide "personnel services, supplies, facilities, and financial support to the Court and the minor judiciary," and " upon such reasonable terms and conditions as the County Council deems appropriate." The County Exec and County Council, not the Courts, are vested with the power to delineate the "procedures for purchasing goods and services ... ." (Section 901(3)). Basically, the Executive and County Council have the responsibility to make sure the court has what it needs to operate. But the court itself has no such power. 

As part of this mandate, the county has been replacing the carpeting for the judges on an annual rotating basis in each of the judges' chambers. In doing so, the county uses prequalified vendors who have been approved by the state to ensure good quality at a reasonable price. 

Apparently, this was too slow for one of the judges, who wanted his carpeting replaced now, even though he is retiring at the end of next year. So court administration went out and took it upon itself to order the carpeting at God knows what expense because it went outside the state approved vendors. What's worse, it hired outside contractors to lay the carpeting. Even worse than that, it opened up a secure side door for the contractors to come into and out of the sanctum sanctorum that is supposed to be reserved for judges and judges alone. 

This type of behavior just drips with judicial arrogance. I'd be tempted to lock the side doors to one and all, including the judges. But this happened on a Friday, when only one judge was even at the courthouse. 

Updated: 9:35 am: Before publishing this story, I should have contacted court administration. That was poor journalism on my part. This morning, Court Administrator Jermaine Greene contacted me. There is another side to this story, which I should have sought.

Greene disputes the county's claim that it is replacing judges' carpeting on an annual rotating basis. In fact, he said the last time a judge's carpeting was replaced was when John Morganelli was coronated as a judge in 2020. He said he had been requesting the county to replace the carpeting for one of the judge's chambers for the past three years. Nothing happened. So he had the carpeting replaced himself.

Greene goes on to say that he did seek three bids for the carpeting and went with the lowest bid, which was lower than the vendor who replaced the Executive's carpeting.

He also went on to tell me he has been seeking new carpeting for the jury lounge, which is where prospective jurors wait to be called into a courtroom. He indicates those requests have not been answered.

Under the Home Rule Charter, the county does have an obligation to meet the "reasonable needs" of the courts, and I'd agree that replacing a filthy carpet is reasonable.

Greene acknowledges that he did allow the contractors to enter the courthouse through a side door reserved for judges exclusively. He said that won't happen again and was a mistake on his part. 

So are the judges above the law? Or am I a lousy journalist? Perhaps a little of both.

Updated:NorCo Judges (and Funeral Directors) to Hold Coronation Ceremony In Courtroom #1

The last time that Northampton County robed judges assembled en masse in Historic Courtroom #1, it was for an after hours viewing of the late Judge Ed Smith. It was probably the first time in county history that judges were actually at the courthouse on a late Friday afternoon. Next week, on Tuesday, at least seven of them will be around for the coronation ceremony we put on every other year to swear in newly elected and re-elected county officials. 

Hypocritically, Judge John Morganelli will be searing in recently elected Judge Brian Panella, even though he did everything he could behind the scenes to get Nancy Aaroe elected. 

The bench must have had trouble finding someone to swear in Steve Baratta as District Attorney. Half of the judges are not on speaking terms with him. The one judge who pushed Baratta to run, John Morganelli, has artfully dodged administering the oath. Our soon-to-be DA reach out to Westmoreland County to find a judge willing to do the honors. 

Everyone will slap each other on the back, pretending they are great friends. 

Executive Lamont McClure will present concluding remarks, at which time he will hopefully present judges with a bill for all the overtime he had to pay for their start-up funeral home.  

Updated 8 am: In the story above, I have John Morganelli swearing in Brian Panella. That is acrtually incorrect. I muisread the news release. Panella has already been sworn in, and in any ceremonial swwearing the follows this inceremonious stuff, the President Judge and Chief Funeral Director would handle things.

UPDATED: Judge Smith's Wake To Be Held In Courtroom One

Before I start this, I want you to know I had a very high opinion of Judge Edward Smith, both as a judge and as a person. I'd often see him in the courthouse cafeteria at lunchtime, talking with lawyers and employees. He was a Navy Captain who served his country with distinction, and his passing is a tragic loss for us all. I nevertheless think it is a mistake to schedule his viewing for today in Historic Courtroom 1 at 5 pm.

Typically, memorial services for deceased judges and lawyers are conducted by the bar association at the courthouse or some other venue. Family is invited. But this is a first. I've never seen the actual viewing of a judge scheduled for Courtroom One, and after normal business hours. Not for President Judge Clinton Budd Palmer, who I believe died in office. Nor for Judge Al Williams or numerous other judges who have since passed away.  Moreover, Judge Smith himself will be participating. Funeral directors plan to bring his casket to lie in state. Because they lack personnel to bring his body up some of the steps, deputy sheriffs will be enlisted to assist. 

Judge Smith had been a federal judge for the past nine years. He was no longer a county judge. But his viewing could not be conducted at a federal courthouse because it would be a misuse of public resources for private purposes. This is also improper on the county level. The very judges who are doing so just sentenced Bethlehem's former finance director for misusing city resources for private purposes, but they think themselves above the law. 

This decision is going to force the county to provide security, at its own expense.  Both entrances, including one restricted to employees, will have to be opened. Deputies will have to monitor the hallways to keep members of the public away from vital records and computer systems and to respond to possible medical emergencies.   

I believe Judge Smith, who was always a bit humble and self-deprecating, would be embarrassed. This is more about making the living county judges feel like big shots than it is to honor a good man. If they really wanted to honor him, they could start by acting more like him. 

As much as I liked Judge Smith, I have to ask, Where do you draw the line? 

If we conduct a public viewing for a judge who left the county nine years ago, do we have to do it for them all?  How about former Executives? Do we conduct their wakes as well? 

This is a county government, not a funeral home. We should be more focused on core county services than in giving special treatment to anyone.  Our court should know better.   

UPDATED 11:57 am

Judge Ed Smith Passes Away Unexpectedly

LehighValleyLive reports that Ed Smith, a judge for the Eastern District of Pennsylvania, has unexpectedly dies. Below is an article I wrote about him in 2014, when he was inducted onto the federal bench.  

Judge Edward G. Smith was inducted as a Judge of the United States District Court in a stirring ceremony before an overflow crowd at the Northampton County Courthouse on Friday. So many people were crammed into historic Courtroom No. 1 that part of the 600-person audience was forced to watch on closed circuit TV in an adjoining courtroom. Judge Legrome D. Davis, Acting Chief Judge of the Eastern District of Pennsylvania, administered the oath of office to Judge Smith, as one of his three sons held the bible. He was robed by his father.

In addition to Senator Pat Toomey, the ceremony was attended by most of the Northampton and Lehigh County benches, along with many of the federal district court judges.

A Northampton County jurist since he was first elected in 2001, Judge Smith is a 27-year veteran of the United States Navy, where he currently serves as a Captain and as a military judge in the reserve component. His service took him to Iraq, where he was awarded the bronze star.

A Republican, Smith was nominated by President Barack Obama as Judge for the Eastern District of Pa. on August 1, 2013. He had the support of both of Pennsylvania's Senators, and was confirmed in a 69-31 vote on March 26, 2014. He was eventually serve in the federal courthouse in Easton. The Eastern District of Pennsylvania is one of the original 13 federal judicial districts created in 1789. Its first judge was appointed by George Washington. Smith is the 96th in what Judge Franklin S. Van Antwerpen called a "long line of black robes" over the past 220 years.

Unlike county judges, who are elected, appointments to the federal bench are for life.

Judge Van Antwerpen, the last Northampton County jurist to be selected to the federal bench in 1987, explained why. Though the vast majority of cases are heard in the state system; "[w]hen we need it, we have the independence of the federal system and its lifetime-tenured judges." He pointed out that it is the federal courts who struck down segregation and who have upheld the First Amendment rights to free speech against comments that the judges themselves found offensive. He called Smith both an "accomplished jurist" and a "true patriot" who "went to the Middle East at the risk of his own life."

President Judge Steve Baratta, who said Judge Smith will be"greatly missed in Northampton County," struggled to find what he called "Judge Smith stories." But the best he could come up with was someone having spotted him an a lawn tractor, in shirt and tie, cutting his grass.

The FBI, who does background checks on nominated federal jurists, was looking for Jude Smith stories, too. One Saturday morning, they knocked on the door of one of Smith's best friends, Attorney Joe Corpora. While Corpora's wife wondered what the FBI was doing at her door, Corpora came up with an embarrassing revelation about Judge Smith, and one he recorded on video.

Years ago, when Smith's and Corpora's children were much younger, Smith came dressed to his house dressed as Barney the Dinosaur and began singing "I love you."

"Do you know anything embarrassing?" asked the FBI.

"He doesn't sing or dance very well," answered Corpora.

Assistant District Attorney Abe Kassis, incoming president of the Northampton County Bar Association, called Smith an "officer and a gentleman" who "never forgot what it was like as a lawyer." He noted Judge Smith's unfailing courtesy to everyone before him, a hallmark of Northampton County judges. "He could sentence someone to 20 years in state prison and still have that Defendant thank him on the way out because he was so nice about it, " he joked.

"Believe half of what you heard," is what the modest Judge Smith told the audience after taking the oath. He thanked Attorney Ray DeRaymond, with whom he practiced for many years before becoming a judge. "He taught me everything I know," said Smith. He went on to say that everything good that has happened to him has been only because of the good people around him, from secretarial staff to the Sheriffs.

Smith is the grandson of Dr. George Smith, a south side Easton physician who also served as Mayor between 1960 and 1968.

Grandparents Victimized by Judge Sletvold's Wrath Speak Out

The Bowies

Blogger's Note: On Tuesday, I told you that NorCo Judge Jennifer Sletvold has been reported to the Judicial Conduct Board by Attorney Alyssa Lopiano-Reilly over Sletvold's handling of a custody case involving the grandparents of a special needs boy. Judge Sletvold issued a 53-page response to a recusal motion even though the matter was settled and the motion itself was withdrawn.  In it, she attacked both the grandparents and their lawyer in a blatant attempt to poison any judge who might see this case down the road. Fortunately, the Superior Court concluded that Sletvold's verbose invective would contaminate further proceedings and ordered the matter sealed. 

Since that time, I've heard from the grandparents themselves, They've given me permission to share their story. 

Mr. O’Hare,

I live in North Carolina but was a resident of Northampton County, PA for years and a friend sent me a copy of your blog post entitled “Judge Jennifer Sletvold Reported to Judicial Conduct Board for Unfair Treatment of Custody Litigants and Their Lawyer.”  I am one of those custody litigants. My name is Kelly Bowie and I am one of the grandparents that are listed in the case that you blogged about. I write to thank you for shining light on all of this.  

 

The way we were treated by Judge Jennifer Sletvold was appalling, disgusting and unjust. What happened to us as a result of Judge Slevold’s arrogance, above the law attitude and blatant disregard for her duty as a sitting judge is hard to imagine or explain.  We spent 3 years fighting over something that should have been simple had Judge Sletvold merely done her job.

 

When we entered Judge Sletvold’s courtroom in October 2020 to ask for permission to relocate with the grandchild in our care to North Carolina, because I had lost my job during Covid, what we anticipated to be a simple hearing (where we would explain the need for the move and how it would benefit our grandson) became an absolute and ongoing nightmare. Judge Sletvold never held any hearing or heard any evidence.  She had no details about us or our grandchild or our case.  She had no details about the reason our grandchild had been with us, about the amount of time he had been with us (at that point, for 4 years and he was only 6 years old) or about what we had done to try to make sure he was safe and deal with his special needs. She had no details about why the child’s Mother had been out of his life for so very long.  She had an expert report from a therapist that explained his concerns about Mother and our grandchild but she immediately discounted that without hearing testimony.  Up until that point, the child only had supervised visits with his Mother.

 

In October, 2020, Judge Sletvold, all off the record, immediately started advocating for Mother sayingthings like “Mother needs overnights and holidays” and “this child needs reunification with the mother - there needs to be reunification immediately.” Then, after bullying the lawyers off the record about what she expected and wanted to see, Judge Sletvold went on the record and made it sound like she just met us and that she was so pleased that the lawyers had worked together to come up with an agreed-upon Order without her assistance.  In fact, the opposite was true.  She was very involved in the “negotiations” but it was all off the record.  The clear underlying threat and theme from her to us, was this: do what I say (without evidence or a hearing) or you won’t like my decision after I hold a hearing (i.e. we wouldn’t be able to move with our grandchild to North Carolina for my new job during Covid).  Of course, we had no choice.  We were so scared.  

 

The trajectory of our case, at that point, was very clear to us.  Judge Slevold made her decision about us without any context, information or data, and was, very simply, totally biased.  Worse, it appeared to us that she intended, long term, that our grandchild would be transferred to Mother’s custody, eventually, no matter what was in his best interests. Judge Sletvold was keeping the case even after we moved to North Carolina with the grandchild and despite the fact that no one lived in Northampton County, PA (Mother moved from Alabama to Schuylkill County, PA and never lived in Northampton County).  Despite this, Judge Sletvold kept having status conferences about the case and she had a clear mission in favor of Mother and against us.  Our lawyer at the time actually told us to fire her and hire another lawyer who might have a better chance of helping us and our grandchild.  That was when we found Alyssa Lopiano-Reilly.  

 

We lovingly call Attorney Lopiano-Reilly the “Italian bulldog” for her fearless pursuit of justice, and her unwillingness to allow us to be railroaded buy an unfair Judge with blatant disregard for doing the job she was elected to do. Alyssa filed a Motion for Judge Sletvold to Recuse herself only after Judge Sletvold said, on the record, in August, 2021, that she agreed with Mother’s custody position against us.  Remember, she said this after NEVER having taken one shred of evidence in the case (we were present, via Zoom, and saw how angry she was, we heard her say it, and we have a transcript to prove it).  Attorney Lopiano-Reilly was respectful and amazingly calm in the face of the unfairness of it all but she was not going to back down.

 

I saw that your readers asked why this is all coming out now.  It is coming out now because it was only this past summer, 2023 that we were finally safe.  We had to wait that long for a fair judge to finally say that the case did not belong in PA but belonged in North Carolina where our grandchild had lived and gone to school since November, 2020!

 

I want to explain that Judge Sletvold never recused herself as she should have immediately done. Rather, in November, 2021, we worked hard and in good faith to settle our underlying custody case before Judge Murray with an Order laying out a clear schedule for Mother to see the child in a way that was safe for him.  As part of that settlement, we agreed to withdrawal the Motion to Recuse that we filed in the case against Jennifer Sletvold.  That settlement was the opportunity that Judge Sletvold had clearly been waiting for to harm us.  She didn’t write 53 pages of false claims in such a short time.  She was calculating.  She didn’t want to be reviewed on appeal so she waited to protect herself and entered that ridiculous and false 53 pages into the record to harm us and to teach our lawyer a lesson that she shouldn’t dare to challenge her by claiming that she is biased.  We couldn’t believe that Judge Sletvold was raising cases that didn’t involve us or our grandchild in a way to harm Attorney Lopiano-Reilly and us by proxy. But her actions did one thing: satisfied us that we were right all along. She was clearly biased and angry and out to harm us without any concern for our grandson. Judge Sletvold had held a grudge that we had nothing to do with.  Her grudge was personal and was against our lawyer for standing up to her in the past.  It was crazy.  But that wasn’t enough for Judge Sletvold.  The turning point was when Judge Sletvold was given a SECOND chance to do that right thing when she was asked by Attorney Lopiano-Reilly to remove her 53 page defamatory statement from the record so we could at least have a fair and unbiased position in the underlying custody case before a Schuylkill County judge.  Judge Sletvold refused to do that.  It was astonishing that she refused to reconsider her illegal actions and that she then went on and on to try to claim they were not illegal in her statement filed with the higher court.  She forced us to take the appeal to the Superior Court and she lost, thankfully.  As you said, in your blog, we eventually found a reasonable and unbiased judge in Schuylkill County, who released jurisdiction to North Carolina (after we were out of the Commonwealth 33 months).

 

In the end, we were the ones harmed.  I lost count of the amount of conferences/preliminary objections/objections/hearings/documentation over the 28 months that we worked with Attorney Lopiano-Reilly: first in Northampton County, then before the Superior Court and then in Schuylkill County. The expense and time (particularly of the appeal) was unbelievable. We spent over $167, 000 in fees and court costs to fight this case for 3 years, mostly due to Judge Sletvold.  We could have put our grandson through medical school at that rate and frankly, it will mean that I will have to work many additional years, instead of retiring, to cover the tremendous expense. 

 

We are just incredibly grateful for Attorney Lopiano-Reilly and that we had the resources to fight and what saddens us is to think how many other people have lost their children because they did not have the resources to fight Judge Jennifer Slevold. The emotional toll is heavy. 

 

Thank you for doing this. Thank you for shining a light on this travesty of injustice. Jennifer Slevold should never wear a black robe again.

 

Thanks

Kelly Bowie