News

November 6, 2009

As court backlog worsens, lawyers asked to hear cases

By Bill O'Boyle boboyle@timesleader.com
Times Leader Staff Writer
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Facing a serious backlog in the trial calendar and with 24 pending homicide cases, Luzerne County President Judge Chester Muroski Thursday asked experienced lawyers to lend a hand by serving as judges in some civil cases.

Muroski already planned to meet with state legislators on Nov. 12 to formulate a lobbying effort aimed at encouraging Gov. Ed Rendell to appoint at least two judges to fill vacancies on the county bench.

But Thursday, as he was being honored by the Wilkes-Barre Law and Library Association, Muroski asked members of the county bar to enroll in the Special Trial Master Program to help ease the backlog of cases.

Muroski presented compelling data to the more than 300 lawyers at Thursday’s luncheon at Genetti’s in Wilkes-Barre. He said as of Nov. 9, there are 182 cases called for trial and 177 others with scheduled guilty pleas. There are 88 cases of driving under the influence scheduled for the week of Nov. 23 alone. Between now and January, Muroski said there are 1,382 total cases to be heard.

Muroski said there are 24 pending homicide trials – seven of which are death penalty cases. He said there are 356 civil cases in the system.

“I don’t think they (the lawyers) realized how serious the situation is,” Muroski said. “They do now.”

Judge Joseph Musto will act as the liaison between the county court and the bar association and he said he hopes to establish a pool of at least 25 lawyers to draw from and rotate to hear civil cases.

Musto said a similar program was implemented in April 1993 by former president judge Patrick J. Toole, Jr., and would allow for cases to move forward. Muroski said the backlog of cases at the courthouse and the depleted number of sitting judges has caused him to re-start the program that will allow lawyers to serve as judges.

Musto said with 25 lawyers to draw from, none will be overburdened and they would be rotated evenly.

“The lawyers will sit as trial masters with the authority of a judge,” Muroski said. “They will be able to conduct jury trials.”

Musto said the list of lawyers interested in the program will be reviewed and cases will be assigned as soon as possible. Lawyers must have 10 years of practice experience, must have tried a minimum of 10 cases and have at least five years of civil litigation experience.

“It’s going to take a little time to implement the program,” Musto said. “But we will get them lined up and begin assigning cases at the earliest possible date.”

Musto said several lawyers signed up for the program at Thursday’s luncheon and others picked up applications. Musto said the last time the Trial Masters Program was used was about 10 years ago when a similar backlog existed.

Musto said experienced lawyers would preside over settlement conferences and trials and all parties involved with each case would have to agree to have their case heard by a special trial master. Muroski discussed the trial master program at the last court en banc meeting.

Musto said the attorneys would work on a volunteer basis.

The county court has eight judges sitting and two openings. Former judge Mark Ciavarella’s seat is open and the seat held by Ann Lokuta is uncertain. Lokuta is appealing a court decision that removed her from the bench earlier this year.

Judge Peter Paul Olszewski Jr. lost his bid for retention in Tuesday general election and he will be leaving the bench in January, creating a third vacancy.

William Amesbury and Tina Polachek Gartley were elected to the county Court of Common Pleas and they will assume office Jan. 4. Musto has been filling the unexpired term of former judge Michael Conahan. Musto’s commission is up in January.

Bill O’Boyle, a Times Leader staff writer, may be reached at 829-7218.

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