Governor nominates Cosgrove

Gov. Ed Rendell has nominated Wilkes-Barre attorney Joseph Cosgrove to fill the remaining term of scandalized former judge Mark Ciavarella.

“Joe Cosgrove is a highly intelligent and very accomplished lawyer and litigator who has distinguished himself in the field of law as well as the general community,” Rendell said in a release.

“He is an educator, a legal scholar, and a man held in very high regard by his colleagues. His nomination stands as assurance to the people to the Luzerne County that I am determined to appoint judges who are persons of experience, intellect and integrity,” Rendell said.

Cosgrove, 52, said he is “deeply honored and humbled” by Rendell’s nomination. Known for his affable personality, Cosgrove said he is getting married in March and renovating his house. He thought the contractor was calling when he received the surprise call about his nomination.

“I will do everything that I possibly can to serve the people of Luzerne County faithfully and will work tirelessly to restore confidence in the system of justice,” said Cosgrove, who has a law practice based in Forty Fort.

Two-thirds of the 50 state senators must approve the governor’s nomination. If confirmed, Cosgrove would serve until January 2012.

Cosgrove has been in private law practice since 1982 and previously served as a Superior Court law clerk and Luzerne County assistant public defender and conflict counsel.

He has also been an adjunct faculty member at King’s College in Wilkes-Barre, teaching constitutional law and civil rights. He is also a member of the Criminal Justice Act Panel of the U.S. District Court for the Middle District of Pennsylvania.

Cosgrove has a bachelor’s degree in government and international studies, a master’s degree in theology and a law degree – all from the University of Notre Dame.

He is a past president of the Luzerne County Bar Association and the Pennsylvania Association of Criminal Defense Lawyers.

County judges tapped Cosgrove to serve on the county Election Board several times since 2001, when county commissioners could not run because they were up for re-election or home rule was on the ballot.

Cosgrove has also appeared on the NBC series “The West Wing” and is friends with actor Martin Sheen.

County President Judge Chester Muroski, who has been pressuring the state to appoint a judge because of the shortage on the bench, said he supports the selection.

“We’re happy with the governor making a decision to assist us. Joe Cosgrove is a very well-known, well-experienced member of our bar. We wish him well in his confirmation hearings,” Muroski said.

The county is authorized to have 10 judges but is down to seven with the suspension of Michael Toole, who has agreed to plead guilty to felony charges and resign as part of the county corruption probe.

The jurist 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.

Ciavarella’s seat is open because he and former judge Michael Conahan 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.

Rendell required that nominees for the vacant seat have extensive experience, agree not to seek election after fulfilling the partial term and be near the end of their legal career.

State Sen. John Gordner, R-Berwick, said the confirmation process could stretch to the end of January or longer.

Cosgrove must complete detailed paperwork, including a financial statement and ethics form, and submit the documents to the state.

Once the documents are clocked in, 10 days must pass before the Senate may consider the nomination, Gordner said.

The Senate only has two more scheduled session days before the end of the year – Dec. 15 and 16 – which fall after the 10-day window.

But the Senate can’t vote on the nomination unless Cosgrove is recommended by the Senate Judiciary Committee, and that committee typically meets on scheduled session dates, said Gordner, who is the only Luzerne County member on the 13-person committee.

Gordner said the committee will need time to perform due diligence, though he said he has spoken to Muroski and is aware of the urgency.

“We want to make sure we’re recommending someone to the full Senate who is qualified and ethical,” Gordner said.