Pending bill could settle DA debate

Brewing discord over who gets to appoint the next Luzerne County district attorney — the county court or council — could be silenced by proposed state legislation that would automatically seat the first assistant district attorney.

Already unanimously passed by the state Senate, this proposed legislation is expected to receive required state House approval by the end of next week or early the following week, state Rep. Aaron Kaufer said Thursday.

Kaufer, R-Kingston, said he always supported the proposal to set uniform appointment procedures throughout the state, but has stepped up efforts to promptly bring it to a vote now that this very issue looms in his home county.

“We want to get this clarified and make sure the right set of laws are established,” Kaufer said.

Stefanie Salavantis announced in February she would be stepping down to run for a county Court of Common Pleas judge seat, even though she does not believe she is required to do so. Sam Sanguedolce is first assistant district attorney.

County council and court officials have not yet formally faced the nitty-gritty of appointing Salavantis’ successor because it’s unclear if she is still in the seat.

A council majority vacated the district attorney post this week, arguing the county’s home rule charter requires her removal now that she has filed her petition to run for county judge. Salavantis said she never believed she had to step down under state law that supersedes the charter, but planned to voluntarily leave around March 25, or after both the petition challenge and withdrawal deadlines have ended.

‘Forced to pursue legal action’

Salavantis said she is now forced to pursue legal action over the matter because council acted on vacating the seat instead of leaving it up to her to act.

The official date of the vacancy now has more significance because the proposed state legislation would apply only to vacancies that occur after it becomes law.

Kaufer said the legislation is expected to pass through the House Judiciary Committee on Monday and then immediately move through three days of required consideration by the full House, which includes voting on the third day.

If that happens, the governor can then veto it, sign it or do nothing, Kaufer said. If no action is taken, it automatically becomes law in 10 days, he said.

Kaufer said he has heard no objections or criticism of the proposal that would warrant rejection by the House or governor.

“I do expect it to pass,” Kaufer said.

State Sen. Lisa Baker co-sponsored the legislation, saying the change has been supported by the Pennsylvania District Attorneys Association and is “smart policy to have uniformity and continuity of operations.”

The first assistant is most aware of all outstanding cases and investigations, office personnel and other pending issues before the office and “prepared to step in immediately to handle the very essential duties of this office,” said Baker, R-Lehman Township. Elevating the first assistant also removes the potential for politics in the appointment process, she said.

“I’m pleased to see that it’s advancing in the House, and I hope they consider this because of the uncertainty in our county,” Baker said Thursday, describing the county’s current appointment situation as “very concerning.”

Sanguedolce also meets the legislation’s requirement to be a county resident and the same party as the departing district attorney, or in this case, Republican.

Without the proposed new state law, another legal battle is possible to decide whether county council or the county Court of Common Pleas chooses the district attorney.

County Court of Common Pleas President Judge Michael T. Vough has said that under current state law the court must fill the vacancy after publicly seeking applications from attorneys interested in filling the remainder of the unexpired district attorney term through January 2024. State law and case law are clear on this, he has said.

However, the home rule charter says a county council majority fills the district attorney seat if it becomes vacant.

Council has to pick another Republican under the charter because that is Salavantis’ registration. The court can choose someone from any political party.

Vacancy debate

Council’s majority-adopted resolution vacating the seat said the home rule charter provides that no district attorney shall file a petition for nomination or election or become a candidate for any other elective public office unless he/she first resigns from office.

County Councilwoman Linda McClosky Houck had said council had to take the action to comply with the clear requirement in the voter-approved charter.

Bolstering her argument that council was compelled to act, McClosky Houck on Thursday pointed to a different charter section that said the district attorney’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, Councilman Walter Griffith said Thursday he voted against the vacancy declaration because he does not believe council has authority to remove an elected official from public office without a court order. The charter prohibition says the district attorney can’t file a nomination petition unless she “first resigns” from office, and Griffith argues the use of the word resign carries weight and was deliberate in the charter drafting.

He also believes Salavantis has an argument that she is not officially filing a petition to become a candidate until both the petition challenge and withdrawal deadlines have passed on March 24.

“Council doesn’t have that kind of power over an elected office holder,” Griffith said. “I don’t believe council can declare an elected position vacant until that person is removed or resigns first.”