November 24, 2009
WILKES-BARRE - Luzerne County President Judge Chester Muroski said he has consulted with state officials and has determined that Judge Michael Toole’s decision to take a few weeks off for vacation is within the reasonable standard for judges.
Muroski issued the statement Tuesday based on media inquiries related to the amount of accrued vacation, sick and personal time to which Toole was entitled.
County judges, who are paid by the state, are not given a set number of days off each year because they are elected officials and thus are not under the supervision of the state. The amount of time they can take off is gauged by the reasonableness of the request, which is determined by each the president judge in each judicial district.
Muroski said it is not unreasonable for judges to take up to four weeks of vacation. Toole notified Muroski last week that he will be on vacation for the next "few weeks." He indicated he plans to return to the bench in December, which Muroski said is “well within the reasonable standard.”
Muroski said should Toole not return, he could take the matter up with the state Supreme Court, which has the authority to take action against a judge should there be an issue of neglect or a refual to comply with a directive.
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