Luzerne County Judges

COURT SYSTEM Final action on filling Ciavarella vacancy might not be taken until after Legislature’s holiday break

December 17, 2009

Pa. panel speeds Cosgrove for Luzerne County bench

By Bill O'Boyle boboyle@timesleader.com
Times Leader Staff Writer
Bill O'Boyle on Facebook   |   @TLBillOboyle on Twitter

Joseph Cosgrove has moved one step closer to becoming the next judge of the Luzerne County Court of Common Pleas.

Cosgrove, 52, of Forty Fort, was unanimously approved Tuesday by the 14-member state Senate Judiciary Committee. Cosgrove’s nomination now heads to the full 50-member Senate, where approval by a two-thirds vote is necessary. A vote may not be possible until after the Legislature’s holiday break.

“I’m deeply grateful to the judiciary committee for its unanimous vote on my nomination,” Cosgrove said. “I’m looking forward to working hard for the people of Luzerne County.”

If the Senate confirms Cosgrove, he will fill the unexpired term of former Judge Mark A. Ciavarella, who resigned from the court in March after federal corruption charges were filed against him and former Judge Michael Conahan. Cosgrove would serve until January 2012.

One state senator firmly in Cosgrove’s corner is Lisa Baker, R-Lehman Township. Baker testified before the judiciary committee and praised Cosgrove’s record and reputation.

“Gov. Rendell has nominated a talented and trustworthy individual to fill a pivotal judicial vacancy on the Luzerne County bench,” Baker said. “By every measure, intelligence, character, education, training, temperament and professional conduct, Joseph Cosgrove is superbly qualified to serve as a judge.”

Baker said Cosgrove’s solid reputation comes from his “ability and not his connections.” Baker told the committee Cosgrove possesses the “qualities that prevent the railroading of individuals” who come before the court.

“He is a gentleman having the demeanor and the manner needed to replace the arrogance, greed and ethical bankruptcy that has marred our court,” Baker said.

Baker said Cosgrove would be replacing “the chief figure in the appalling corruption scandal that victimized thousands of kids and compromised justice in our community” that resulted in “widespread public suspicion and scorn.”

“We must change the culture of a system now widely recognized as corrupt and unjust, and rife with nepotism,” Baker said.

Baker said there is nothing on Cosgrove’s record to give the committee any pause on his confirmation.

“Joe Cosgrove is the right person at the right time,” she said.

Gregg Warner, counsel to the Senate Judiciary Committee, said it was not known if the Senate will vote on Cosgrove before it takes its holiday break.

Gary Tuma, spokesman for Gov. Ed Rendell, said the Senate could return right away and a vote on Cosgrove’s nomination could be taken.

“We don’t expect the Senate to be back (Thursday),” Tuma said.

He said Rendell has not set a timeline on submitting other names to fill vacancies on the Luzerne County court. He said the governor is aware of the situation in Luzerne County and will act expeditiously to fill vacancies as they occur.

When Rendell asked for potential nominees, he asked that they be experienced attorneys near the end of their legal careers and who would not run for election at the end of the appointed term.

Judge Peter Paul Olszewski Jr. will leave the bench in January after not winning retention in November, and Judge Michael Toole is expected to resign within 10 days of acceptance of his guilty plea to federal charges. Newly elected judges William Amesbury and Tina Polachek Gartley will be sworn in Jan. 4, but they must attend a two-week judicial orientation program before hearing cases.

Baker is sponsor of a law that established the 11-member Interbranch Commission on Juvenile Justice. The panel’s members were appointed by the Chief Justice, the General Assembly and the governor to conduct a thorough review of juvenile justice procedures, practices, rules and regulations, and pursue remedies and reforms.

The goal of the commission, she said, is to ensure that children and families who enter the juvenile justice system are granted fundamental constitutional protections and that judges are monitored to make sure their decisions are ethical and correct.

Bill O’Boyle, a Times Leader staff writer, may be reached at 829-7218.

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