Luzerne County Judges

Times Leader staff

SCRANTON – An attorney for former Luzerne County judge Michael Toole has asked a judge to postpone his sentencing, saying he recently underwent major spinal surgery and remains in substantial pain.

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Attorney Frank Nocito said he also is seeking the continuance to ensure he has sufficient time to analyze an anticipated ruling by the U.S. Supreme Court regarding the constitutionality of the honest services fraud statute.

Toole is currently scheduled to be sentenced on June 24. The nation’s high court is expected to issue a ruling regarding the statute some time this month. Nocito said he will need time to review the ruling to determine how it might impact Toole’s case.

Toole pleaded guilty in January to honest services fraud for having improper communication with an attorney regarding the appointment of a neutral arbitrator in an uninsured motorist insurance arbitration case. He also pleaded guilty to an unrelated tax evasion charge.

The Supreme Court is considering three cases that challenge the constitutionality of the honest services fraud statute. Its ruling regarding the matter could have a significant impact on Toole’s case, depending on how narrowly the court fashions its opinion.

Nocito has requested the sentencing be continued to some time after July 24. U.S. District Judge Richard Conaboy had not ruled on the motion as of late Friday afternoon.