Luzerne County Judges

February 23, 2010

Former judge’s sentencing is postponed

More time needed to complete pre-sentence investigation for Michael Toole.

Times Leader staff

SCRANTON – A federal judge has postponed the sentencing for former Luzerne County Judge Michael Toole after being advised that the federal probation department needs more time to complete its pre-sentence investigation.

Toole pleaded guilty in December to honest services fraud and tax evasion. He was scheduled to be sentenced on March 30. U.S. District Judge Richard Conaboy on Friday postponed the sentencing until May 13.

Toole, 49, of Wilkes-Barre, was charged on Dec. 2. Prosecutors say he had improper communication with an attorney regarding the appointment of a neutral arbitrator in an uninsured motorist arbitration case. In a separate matter, he was charged with failing to report on his 2006 income taxes a $30,000 referral fee he received from another attorney.

In a separate matter, the sentencing for former Luzerne County Housing Authority member William Maguire has also been continued.

Maguire was scheduled to be sentenced on Friday. The U.S. Attorney’s Office agreed to postpone the sentencing because Maguire has agreed to cooperate in the investigation of others. He has not yet concluded that cooperation, according to court documents filed in the case. No new date has been set.

Maguire pleaded guilty in October to accepting $1,400 from a contractor who did business with the authority. The money was to reimburse Maguire for expenses he incurred during a trip to Florida on housing authority business.

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