Luzerne County Judges

December 29, 2009

Update: Toole sentence dependent upon U.S. Supreme Court case

UPDATED 12:42 p.m.

SCRANTON - Luzerne County Judge Michael Toole is facing 37 to 46 months in prison for his guilty plea to corruption charges, but he could see significantly less time if the U.S. Supreme Court ultimately declares one of the charges - honest services fraud - to be unconstitutional.

Toole entered a guilty plea today to that offense and a charge of tax evasion.

But U.S. District Judge Richard Conaboy said Toole retained the right to file a motion seeking to dismiss the honest services fraud charge should the Supreme Court rule the statute is unconstitutional.

The nation's highest court is currently considering challenges to the law that were filed in several other cases involving high ranking public officials in other states.

The honest services fraud charge is based on Toole's failure to disclose to a litigant appearing before him that he had improperly communicated with the opposing party's attorney in an uninsured motorist arbitration case.

Federal prosecutors say Toole, using an intermediary, asked the attorney, who has not been identified, whom that attorney wanted appointed as a neutral arbitrator.

Toole then appointed that person.

"Your honor, with the strength of my faith and the support of my family and friends, I'm here today to take complete responsibility for what I've done," Toole told Conaboy.

Toole was allowed to remain free pending sentencing, which has been scheduled for March 20.

Posted 12:03 p.m.

SCRANTON - Luzerne County Judge Michael Toole entered a guilty plea this morning to charges of honest service fraud and tax evasion.

Toole entered the plea at a brief hearing before U.S. District Judge Richard Conaboy in federal court in Scranton.

Federal prosecutors say Toole improperly influenced the appointment of an attorney as a neutral arbitrator in an uninsured motorist insurance case. In a separate matter, he is accused of failing to report on his income taxes a $30,000 fee he received for referring a case to another attorney.

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