Musto nominated to fill judicial seat he lost in ’93

WILKES-BARRE – Fifteen years after losing his judicial seat in one of the most hotly contested political battles in Luzerne County history, Joseph J. Musto could be headed back to the bench, at least temporarily.

Gov. Ed Rendell on Sunday nominated Musto to fill the vacancy left when Judge Michael Conahan – the man who unseated Musto in 1993 – retired in January. The nomination must be confirmed by two-thirds of the state Senate before Musto can assume the seat.

“This is some irony in the way this developed,” Musto said in a phone interview Monday.

But don’t expect Musto to repeat the knock-down, drag-out battle he waged against Conahan to keep the seat. The veteran attorney vowed he will serve only on an interim basis and will not seek election to the full 10-year term that will be open in the May 2009 primary election.

“I told the governor I would not run to fill the 10-year term for this position,” he said. “It’s a great honor to be on the bench again. I’m really grateful to the governor and feel privileged he appointed me.”

Musto, 64, of Duryea, was named to the post over at least three other applicants -- attorneys C.J. Bufalino III, Lesa Gelb and Thomas O’Connor. Attorney Eugene Sperazza said he had considered seeking the appointment, but later opted not to submit a letter.

Sperazza, Gelb, Bufalino and O’Connor each said they are considering running for the position next year. Each congratulated Musto on the appointment, saying he has strong qualifications and will make an excellent interim judge.

Musto said he believes his 30 years as an attorney and his tenure on the county bench from December 1992 to December 1993 make him well qualified for the position.

He acknowledged he would likely be limited to hearing civil matters, however, due to his relationship with District Attorney Jacqueline Musto Carroll, who is his niece.

“I’m reasonably certain that in cases where her office is involved, I would not be able to handle them,” Musto said. “I know there are lots of non-criminal cases. I would be able to help with the volume.”

If he is confirmed, it would mark the second time Musto has been appointed to the Luzerne County bench. The first time came in 1992, when he filled the vacancy left by the retirement of Judge Bernard Brominski.

Conahan, then a district judge in Hazleton, challenged him for the seat in 1993 and waged a bruising battle. He seized upon Musto’s political connection to his brother, state Sen. Raphael Musto, calling his 1992 appointment to the bench a “back-room deal.”

The strategy worked, with Conahan winning both the Democratic and Republican nominations in the May 1993 primary. Conahan was part way through his second term when he announced he was retiring. He now serves as a senior judge for the county.

Musto said Monday the 1993 election was a “very unpleasant experience,” but that did not impact his decision not to seek election to the full term this time around.

He said he opted to seek only the interim appointment because it will allow him to better serve the public in that he will not have to worry about conducting a campaign.