News

March 26, 2009

Ruling could keep seat empty until 2012

Although Lokuta not serving, state Supreme Court’s order means her seat is not vacant.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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WILKES-BARRE – The state Supreme Court’s order staying Judge Ann Lokuta’s removal from the bench means her seat could remain unfilled until 2012, two state officials said Wednesday.

Lokuta has been off the bench since Dec. 9, when the state’s Court of Judicial Discipline ousted her from office based on her behavior on the bench.

Under ordinary circumstances, Gov. Ed Rendell could appoint someone to fill an open judicial seat pending the next election cycle. Although Lokuta is not now serving, the Supreme Court’s order means her seat is not vacant, therefore Rendell does not have the authority to appoint a replacement, said Leslie Amoros, spokeswoman for the Department of State, and Chuck Ardo, spokesman for Rendell.

Judicial elections are held in odd-numbered years, which means the earliest Lokuta’s seat could be put up for election would be 2011, with the winner taking office in 2012.

The seat could be filled earlier, but only by Lokuta should she prevail in her attempt to overturn the Court of Judicial Discipline’s order that removed her.

Secretary of State Pedro Cortes had initially decided to place Lokuta’s position on the May primary ballot even though she was continuing to appeal the disciplinary court’s decision. Cortes maintained he had the authority to put the post on the ballot because the court’s order created a vacancy.

The Supreme Court’s order directs Cortes to refrain from putting the post on the ballot. The court did so in conjunction with a separate mandate it issued to the Court of Judicial Discipline, which was directed to consider after-discovered evidence that was revealed as part of the corruption probe of the Luzerne County judiciary.

The Supreme Court ordered the disciplinary panel to consider Lokuta’s allegations that her misconduct trial was tainted because three of the witnesses against her – former judges Michael Conahan and Mark Ciavarella and former court administrator William Sharkey – recently pleaded guilty to federal charges.

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