Brown Delayed Six Magisterial Leases Introduced Last Night

Yesterday, I told you that Magisterial District Judges (our minor judiciary) are increasingly concerned about security in their small courtrooms. They stand on the front lines of our justice system, but often have no way of keeping Defendants separated from their accusers. Judge Nancy Matos Gonzalez, in particular, wanted a new courtroom that at least provided a separate entrance for her and her staff.

She's going to get one. Last night, Northampton County Council seems anxious to approve six leases for magisterial district judges throughout the County. The ordinances were introduced last night, and will be voted on in two weeks. Precise terms are in yesterday's story.

Those leases were held by Executive John Brown for eight weeks before being submitted to Council. He told the courts that he wanted to negotiate them himself, even though he knows nothing about the security needs of a court.  The courts finally had to insist that the matters be put on Council's agenda.

Erratum 12 40 pm: In my original version of this story, I reported that the leases had been approved. They were introduced last night, but will not be approved for two weeks. I apologize for my error. 

Englesson Seeks To Amend Nomination Petition Errors

Englesson at Campaign function

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

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

Jon Whittington at Elections office

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

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

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

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

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

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

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

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

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

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

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

MDJ Candidate Fails to Disclose He is a Public Defender

On Monday, I told you that Alicia Zito is running for mini-judge in the Slate Belt. I consider her a strong candidate and the front runner. But in fairness, there are others running. I'd be happy to publish their releases if they provided them to me.

According to anonymous comment on my blog, Constable Tyrone Comunale is running. He's the dude whose constable car was stolen by someone he had just arrested. Since no cars are provided to magisterial district judges, we should be ok.

A secretary for Magisterial District Judge Douglas Schlegel, Sr. is mulling a run as well. She should run for Schlegel's seat. He on extended leave for about the gazillionth time, and has basically been a mini-judge in absentia.

Another candidate who just announced is Jason Labar. He's got a very impressive resume, according to Express Times editor Jim Deegan. Instead of having one child like Alicia Zito, he has two. While she went to Pius X, he's a Bangor grad, where he was a three-sport athlete.

Like Alicia, he's a lawyer, too. In his release to Deegan, he claims to have tried dozens of cases and to have represented more than 1,000 people. Deegan, in yet another sign of The Express Times' growing journalistic indifference, never bothered asking him where.

I've never seen Jason in Northampton County. But many lawyers who live in the Slate Belt have active Monroe County practices. I was unable to find him there as a solo practitioner or as a member of a law firm. A little more research and I discovered that he's an assistant public defender. He represents people who are charged with criminal activity but who are unable to afford a lawyer. He failed to disclose this in his announcement.He wanted everyone to know he is a lawyer who has lots of experience, but wants no one to know where.

LaBar is obviously concerned that once people discover that his job forces him to represent the bad guy, people will shy away from him. While it's certainly true that this could cost him some votes, I know numerous judges sitting on the bench right now who at one time defended people charged with abominable behavior. Most people understand that everyone is entitled to a defense.

Although I understand LaBar's reluctance to disclose what he does, his failure to own it in his opening announcement is really deceptive behavior on his part. He should have disclosed it. He's running for a position that demands integrity, and is off to a very poor start.

Bethlehem Tp Magisterial Race Includes Five Candidates

Bryan Altieri

The Express Times is reporting that four candidates have filed in the Magisterial District Judge race in Bethlehem Township, but there may actually be five. Bryan Altieri, reports on Facebook that he has filed. The other four candidates are Bill Blake, Pat Broscius, Sandra McClure and Andrew Tupone.

I have already written about Broscius and Blake, both of whom are assistant Northampton County Assistant DAs. McClure makes it three. She is currently assigned to the DUI unit, and is married to Council member Lamont McClure. He decided against seeking re-election earlier this year. Andrew Tupone, who filed his papers late last week, is a 911 dispatcher for Bethlehem. His LinkedIn profile also lists the PSP, although I have no idea whether he is a trooper or is employed in some other capacity.