Wolf

Wolf

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With the stroke of his pen, Gov. Tom Wolf can decide whether Stefanie Salavantis’ first assistant Sam Sanguedolce fills her seat when she resigns as Luzerne County District Attorney at 5 p.m. Thursday.

Legislation requiring counties to fill DA vacancies with the first assistant should be on Wolf’s desk Tuesday because it passed the state House Monday with bi-partisan support and already was unanimously approved by the state Senate.

Wolf can approve it, veto it or do nothing, legislators said.

If the governor fails to act, the legislation will automatically become law after 10 days. However, the law only applies to vacancies that occur after its passage, which means 10 days would be too late to apply to the vacancy here.

The governor’s press office has not yet responded to an inquiry on whether Wolf has decided how he will proceed.

This legislation would resolve conflicting opinions on whether the seat would be filled by the county Court of Common Pleas as specified in state law and case law or by county council as designated in its home rule charter.

Either way, council or the courts would be required to comply with the new state legislation if Wolf signs it into law before 5 p.m. Thursday.

Without the legislation’s timely passage, the county court would be free to appoint an attorney of any party affiliation, and at least two Democratic attorneys are reportedly interested in the appointment. If the choice is council’s, it would have to pick another Republican because that is Salavantis’ registration.

A decision on which body fills the seat will be decided in court through legal action filed last week by Salavantis, Sanguedolce and the District Attorney’s Office.

State Sen. Lisa Baker, R-Lehman Township, chairs the Senate Judiciary Committee and co-sponsored the three-bill package with state Sen. Scott Martin, R-Lancaster.

They developed the proposal before Salavantis announced she would be resigning to run for county judge. The legislation is supported by the Pennsylvania District Attorneys Association and was intended to make the DA successor plan uniform statewide, both legislators have said.

Baker and Martin urged Wolf to “swiftly sign these bills into law,” according to a joint release they issued Monday evening.

“The uncertainty under present law has created problems across the state, including most recently in my home county of Luzerne,” Baker said. “I was pleased to work with Sen. Martin and the rest of our colleagues over the last several months to come up with a sensible solution that ensures the uninterrupted and efficient administration of justice.”

In current practice, succession plans for district attorney vacancies vary from county to county, the senators said. Some counties mandate that the first assistant district attorney is appointed to the position, while others allow county commissioners or judges to appoint new replacements.

The new mandate to appoint the first assistant DA includes a county residency requirement and would apply to all counties except Philadelphia, including those with home rule charters. The first assistant is the “logical choice” because that person is familiar with cases, the office and community, Martin said.

“The best way to remove politics from the equation is to provide a clear, consistent process for filling these vacancies that will ensure the office continues to function,” he said in the release.

State Rep. Gerald Mullery, D-Newport Township, had unsuccessfully pitched an amendment last week to delay the legislation’s effective date from immediately to 60 days.

Mullery ended up supporting the entire legislation package in the final vote Monday, as did other county state representatives from both parties, voting records show.

State Rep. Aaron Kaufer, R-Kingston, said the primary bill unanimously passed the House Monday, with all 201 legislators in support. The others passed 181-20 and 171-30. Again, all state representatives from Luzerne County provided bi-partisan support for all three, records show.

Kaufer said he is “optimistic” Wolf will sign the legislation due to its widespread support from both parties.

“I’m glad that we’re going to be providing clarity in the law for all counties, not only Luzerne County,” Kaufer said Monday. “We’ve had a number of succession issues over the years, and I’m thankful we reached consensus.”

County council is scheduled to vote Tuesday to accept Salavantis’ resignation taking effect Thursday and void its March 9 vacancy declaration as part of a memorandum of understanding to avoid an injunction action in her pending litigation. Her Thursday resignation would be withdrawn if council fails to approve the memorandum.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.