Late notice irks county

Luzerne County President Judge Chester Muroski stayed composed during his brief press conference about charges against another fellow judge on Wednesday, but he was visibly agitated.

The charges hurt the county court’s already wavering credibility and mean others will have to pick up the slack created by the loss of another judge. But the delay in publicly filing the charges against Michael Toole added to the sting.

Toole signed an agreement to plead guilty to federal charges on Sept. 25, but Muroski said he wasn’t notified of the situation until Wednesday. That means Toole heard cases until he abruptly announced plans to take time off on Nov. 18.

There were rumors that Toole would be charged, but Muroski said he was powerless to remove Toole from his duties until he received some verification. Toole never offered a hint that he was in trouble during their conversations, Muroski said.

“The first mention of any kind of agreeing to responsibility that I knew about was today. If I had known that he signed a plea agreement on Sept. 25, I would have immediately removed him from judicial responsibilities,” Muroski said.

Muroski removed Toole from his duties as soon as the plea agreement was made public Wednesday.

Muroski said federal agents will have to answer why they didn’t alert the county sooner.

Heidi Havens, spokeswoman for the U.S. Attorney’s Office, declined comment Wednesday.

The charges against Toole allege that he improperly interceded in appointing a neutral arbitrator who had been sought by a plaintiff’s attorney with whom Toole had a longstanding relationship.

Muroski said he and other judges implemented a computer program earlier this year that randomly assigns cases.

“There is no longer judge shopping in Luzerne County,” Muroski said. “The big important thing that everyone must remember is that when you take the human element out of assignment of cases, it’s a fairer situation for everyone.”

Muroski said he and the remaining judges have been proactive correcting problems since he took over as president judge on Jan. 30.

The court is still reeling from charges against former judges Mark Ciavarella and Michael Conahan, who are accused of receiving $2.6 million in improper payments in exchange for actions that benefited two privately owned juvenile detention centers. The men had pleaded guilty to accepting the money. An indictment was filed after the former judges withdrew their guilty pleas on Aug. 24.

“I have spoken with my remaining colleagues, and while we are all extremely disappointed with these recent developments, we are, once again, committed to making a total effort to maintain the business and function of the county court,” Muroski said.

He urged people to take an “objective view” and consider the court’s work since the start of the year to restore public trust.

“We remain committed to provide a justice system to our citizens that will bring greater transparency and accountability to the administration of our courts.”

Muroski said he has directed Toole’s staff to prepare a breakdown of all unresolved cases on his docket and submit a report by Dec. 9.

Toole’s staffers will receive a two-week notice of termination after he is removed from office, following a precedent set when former Judge Ann Lokuta’s staff was terminated after the state Court of Judicial Discipline removed her from the bench, Muroski said. Toole’s staff consists of two law clerks, an executive secretary and one tip staff.

The county is authorized to have 10 judges but is down to seven with Toole’s departure. The count will be reduced to six at the start of 2010 because three judges are leaving the bench and only two newly elected judges – Tina Polachek Gartley and William Amesbury – will be taking office.

Remaining on the bench next year, in addition to the two new judges, are Joseph Augello, Thomas Burke, Hugh Mundy and David Lupas.

Up to five judge seats will be on the ballot in 2011, Muroski said. In addition to Toole’s seat, voters must choose a replacement for: Mundy, who must retire; Ciavarella; Peter Paul Olszewski, who was not retained this year; and Lokuta, if she does not win her battle for reinstatement.

Muroski, who must retire but plans to stay on as a senior judge to hear jury trials, said he has asked the Administrative Office of Pennsylvania Courts (AOPC) for senior judges who can assist in jury trials.

AOPC spokesman Art Heinz said six senior judges are currently assigned to Luzerne County, including one who was stationed there when Toole decided to take time off.

Gov. Ed Rendell has also promised to swiftly nominate someone to temporarily fill Ciavarella’s vacant seat until a replacement is elected and takes office in 2012. The state Senate must confirm his selection.

Governor’s Office spokesman Gary Tuma said Wednesday that Rendell has not yet settled on a nominee.

There is only one vacancy that may be filled at the moment because Olszewski is still serving, Lokuta is appealing her removal from the bench and Toole’s removal won’t be official until his plea is accepted by the court.

“Clearly this action deals another severe blow to our already shorthanded Luzerne County Court,” Muroski said at the press conference.

Toole’s father, retired county judge Patrick Toole, still serves as a senior judge in the county. There was talk Wednesday that he was thinking of ending his service – something Muroski said he does not want to happen.

“He has been a very effective member of our bench,” Muroski said. “He is totally responsible for the disposition of hundreds if not thousands of driving-under-the-influence cases. He does an extraordinary job for us, and I would hope that we could continue to count on him.”