Luzerne County Council and DA appealing court ruling on DA election timing

Luzerne County Council and District Attorney Sam Sanguedolce are appealing a court ruling that kept the DA race on the Nov. 2 general election ballot for a two-year term.

Notice of the appeal to Commonwealth Court was filed in county court this week.

Republican DA Sam Sanguedolce is the lone contender Nov. 2, and it is too late to remove his name from the ballot even if the appeal is granted.

The appeal contests a September decision by visiting Chester County Senior Judge Robert J. Shenkin denying a preliminary injunction that attempted to stop the county Election Board from placing the race on the ballot.

County council and the DA’s Office sought the injunction as part of litigation they filed against the election board in county court in August over differing interpretations of new state legislation involving DA seats.

A timely ruling was needed by Shenkin because ballot preparations were already underway, officials said.

County council met in executive session at 8 a.m. Sunday to discuss the pending litigation, resulting in its outside legal firm, Stevens & Lee, filing the notice of appeal with the DA.

Council Chairman Tim McGinley, who did not participate in Sunday’s executive session, said Tuesday he was surprised the appeal notice was filed because he was under the impression council would have to publicly vote to allocate additional funds to Stevens & Lee to handle the appeal.

Council had authorized the transfer of $20,000 to the firm to prepare and file the litigation.

Councilwoman Kendra Radle, who is serving as a council liaison regarding the litigation, said Tuesday that the county won’t be on the hook for more than $20,000 before its next public meeting Tuesday. Radle said she expects council to discuss at that time whether it wants to authorize additional funds to proceed with the appeal.

The legal dispute centers on a new state statute that kicked in when Sanguedolce filled the seat vacated by prior DA Stefanie Salavantis in March.

It says the first assistant DA serves “until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy.”

The election board’s outside legal counsel — Selingo Guagliardo LLC — says the next municipal election is Nov. 2. If an election is not held at that time, it argues the seat now held by Sanguedolce will again become vacant the first Monday in January, requiring his first assistant to be appointed DA.

However, the council/DA legal filings assert the race cannot be on the ballot until the next odd-numbered municipal election year — 2023 — so county voters will have an opportunity to select nominees in a primary election. The DA’s Office is represented by Kleinbard LLC.

Although he ruled on the preliminary injunction, Judge Shenkin could ultimately issue a different decision on whether an election should be held when he rules on the final injunction as adjudication continues. It’s unclear when that process will be completed.

The judge could void the election if he later determines it should not have been held, attorneys have said.