Appeal could slow replacing Lokuta

Lokuta case Spokesman for governor says state attorneys reviewing law, but there’s possibility seat may not be permanently filled until appeal resolved.

WILKES-BARRE – Luzerne County Judge Ann Lokuta’s promised appeal of a court order ousting her from office could complicate the process utilized to fill her vacancy, according to the governor’s office.

Chuck Ardo, spokesman for Gov. Ed Rendell, said state attorneys are reviewing the law, but there’s a possibility Lokuta’s seat may not be permanently filled until the appeals process is resolved.

The Court of Judicial Discipline voted 6-1 on Tuesday to remove Lokuta from office based on its findings that her behavior on the bench brought disrepute to the office and prejudiced the administration of justice. Lokuta has 30 days to appeal the ruling to the state Supreme Court.

Ardo said the key issue is whether Lokuta’s seat is truly “vacant” given the possibility that the decision could be overturned on appeal.

Under normal circumstances in judicial vacancies, Rendell nominates a person to serve in the post on an interim basis. That person must then be confirmed by the state Senate. The position is then placed on the ballot in the next, odd-numbered year election. In this case that would be the May primary.

Lokuta’s case presents an unusual dilemma because there’s no guarantee her expected appeal would be decided before the 2009 election.

Ardo said attorneys for the state have not been able to find a law, statute or provision with the state Constitution that specifically addresses the issue. There is no prior court case that has tackled the issue, so it remains a gray area.

Ardo said attorneys are continuing to research the matter. For now, the governor is taking a wait-and-see attitude.

“The lawyers are combing through the Constitution to see what is applicable and what statutes might be applicable. They will advise the administration on what position we should take,” Ardo said.

One thing that is clear is Lokuta cannot serve pending the appeal as the Court of Judicial Disciplines order was effective immediately, said Francis J. Puskas, deputy chief counsel for the Judicial Conduct Board.

It also appears that Lokuta, whose salary was $157,411 in 2008, will lose her pension. Provisions within the State Employee Retirement System forbid a judicial officer from collecting a pension if the judge has been removed from office for misconduct.

As for the impact on the county court system, Paul McGarry, director of administrative services for the courts, said President Judge Mark Ciavarella has begun the process of assigning cases Lokuta was handling to other judges.

McGarry said Lokuta had 62 civil cases pending. She also handled miscellaneous court, summary appeals and hearings on protection from abuse orders. He noted some of Lokuta’s caseload had already been reassigned after the disciplinary court’s Nov. 5 decision to suspend her with pay pending resolution of the sanctions hearing.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

Clear 26°

News

Place Quick Ads