Ruling: Keep Lokuta seat off ballot

HARRISBURG – The state Supreme Court on Wednesday issued a stay of the Court of Judicial Discipline’s ruling that removed judge Ann Lokuta from office and directed the Secretary of the Commonwealth not to place her judicial seat on the May ballot.

The high court’s order also remands Lokuta’s case back to the disciplinary court with directions to consider after-discovered evidence that was revealed as part of the corruption probe in the county judiciary. The court directed the panel to determine whether that new evidence warrants a new hearing for Lokuta, or if it would affect the court’s decision to remove her from the bench.

The order leaves the 17 candidates who have filed for Luzerne County judgeships to battle for two seats instead of three.

Leonard Piazza, county director of voter services, said the order is not expected to have any other impact on the election, however, as it was issued within a time frame that will allow him to make changes to the ballot.

Lokuta filed a petition with the Supreme Court on March 3, asking the justices to preclude Secretary of State Pedro Cortes from placing her seat on the ballot pending resolution of a separate appeal of the disciplinary court’s Dec. 9 order that ousted her.

In issuing the stay, the Supreme Court noted it is not taking any position regarding the merits of Lokuta’s appeal. It issued the stay solely to prevent her seat from being placed on the ballot, the court said.

Lokuta said Wednesday she views the court’s order as a “limited celebration.” She still faces a battle to convince the disciplinary court to overturn or alter its decision regarding her fitness to serve as a judge.

She thanked members of the public, whom she says have been overwhelmingly supportive.

“I’ve had so many people stop in their cars while I’m working in my yard or at my mother’s grave to wish me well. It means so much to me,” she said. “I’m hoping I will ultimately prevail based on the merits of my case.”

The disciplinary court’s ruling was based on several weeks of testimony from dozens of witnesses who spoke about Lokuta’s abusive behavior toward courthouse staff and attorneys.

Lokuta maintained the witnesses were part of a wide-scale conspiracy orchestrated by former president judges Michael Conahan and Mark Ciavarella and others to remove her from office because she was a whistleblower who exposed various improprieties.

She sought to reopen her case after federal authorities filed charges against Conahan and Ciavarella and former court administrator William Sharkey, who were key witnesses against her.

The judges pleaded guilty last month to taking $2.6 million in kickbacks in exchange for rulings that benefited the owner and builder of a juvenile detention facility. Sharkey pleaded guilty to stealing more than $70,000 from the county.

“The entire proceeding against Lokuta … is so tainted that nothing less than a complete exoneration or in the alternative a new trial would satisfy justice and due process,” she said in the petition.

The Judicial Conduct Board, which prosecuted Lokuta, argued against reopening the case, saying her attempt to tie her case to the corruption probe was nothing more than a “desperate attempt to impugn the evidence against her.”

In a press release issued Wednesday, Joseph Massa, chief counsel for the JCB, said the board will comply with the Supreme Court order.

“We look forward to appearing before the Court of Judicial Discipline to argue our case,” Massa said.

Lokuta was suspended without pay after the disciplinary court’s order. It was unclear Wednesday whether the Supreme Court’s stay of the order will have any other impact on her status or pay.

Art Heinz, spokesman for the Administrative Office of Pennsylvania Courts, said the Supreme Court order speaks for itself and he could not offer any interpretation of it.