Wolf’s move means Sanguedolce becomes Luzerne County DA

Pennsylvania Gov. Tom Wolf ended leadership uncertainty in the Luzerne County District Attorney’s Office Tuesday by swiftly approving legislation that automatically puts First Assistant DA Sam Sanguedolce in the seat when Stefanie Salavantis leaves Thursday.

A county council majority also voted Tuesday night to accept Salavantis’ resignation and withdraw its March 9 DA removal vote.

Combined, these actions resolve when and how the DA seat is filled and may prompt withdrawal of litigation Salavantis, Sanguedolce and the county District Attorney’s Office filed against the county last week.

Salavantis is resigning because she is running for one of two county judge seats in the May 18 primary election, even though she said she is confident she is not required to step down under state law that she is confident supersedes the county’s home rule charter.

County Assistant Solicitor Michael Butera said Tuesday the county district attorney seat won’t be on the ballot in this November’s general election as some have asserted.

The seat can’t be on the ballot until the 2023 primary because nominees must be selected through a primary in a “municipal” election year, which occurs every two years, Butera said.

Due to the timing of the vacancy, it’s too late for the opening to appear on the upcoming May 18 municipal primary election ballot, he said. There are no state law provisions for the county to hold (and fund) a special countywide primary this year solely for the DA race, Butera added.

The new state legislation landed 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.

There was urgency for Wolf to act before Salavantis leaves at 5 p.m. Thursday because the law only applies to vacancies that occur after its passage.

This legislation permanently silenced 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 must comply with the First Assistant DA appointment.

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

Wolf’s office announced he had signed the bills at 5:20 p.m.

“The legislation signed today will bring needed clarity and transparency to county government appointments,” Wolf said in a release. “By ensuring vacancies are filled in an appropriate manner, the offices are able to provide quality services to the individuals they serve.”

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.

“The signing of these bills into law is a victory for safeguarding our justice system across Pennsylvania, and also right here in Luzerne County,” Baker said Tuesday evening. “I am proud to have worked with my colleagues in Harrisburg to be a voice for the needs of our local community, as these newly enacted measures will provide stability and a clear process for filling the anticipated vacancy in the office of district attorney.”

Baker and Martin had 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, the legislators have said.

The legislation applies to all counties except Philadelphia, including those with home rule charters like Luzerne. Without its passage, succession plans varied by county, with some mandating appointment of the first assistant DA but others allowing the county’s legislative body or judges to appoint new replacements.

The first assistant is the best choice because that person was selected by the outgoing DA elected by voters and is most familiar with the office, its personnel and pending cases, Baker said. Automatic appointment of the first assistant also removes politics from the process, she said.

Council action

With council Chairman Tim McGinley absent, six of the remaining 10 council members voted to accept Salavantis’ resignation and void council’s March 9 removal: Harry Haas, Linda McClosky Houck, LeeAnn McDermott, Kendra Radle, Sheila Saidman and Robert Schnee.

Council Vice Chairman Chris Perry and Councilman Matthew Vough abstained, and Council members Walter Griffith and Stephen J. Urban voted against the action.

The March 9 vacancy declaration was prompted by a county home rule charter directive saying the DA’s office “shall be declared vacant if the officeholder files a petition for nomination or election or becomes a candidate for any elective public office other than the one he/she holds at that time.”

However, Salavantis’ litigation said council has no legal authority to remove an elected DA or select a successor.

Before voting Tuesday, Haas said the “whole catastrophe could have been avoided” if more advance discussion had been encouraged between the district attorney and county solicitor’s offices. He said resulting fallout has drawn in “politicians all over the map,” including the governor.

McDermott noted council is not “admitting to a mistake” by rescinding its March 9 action because there has been no judicial determination on the matter.