A Stressful Atmosphere
The Pennsylvania Court of Judicial Discipline has just posted its October 2008 decision finding misconduct on the part of an elected judge of the Luzerne County Court of Common Pleas. The judge was found to be “habitually and egregiously late for court” and was “impatient, undignified and discourteous to court personnel.” The judge’s court was a “tense and stressful atmosphere.” The judge contended that all 30 witnesses who testified against her were lying and part of a conspiracy, a position that the court viewed “to put it gently, as far-fetched.”
The sanctions order prohibiting the judge from holding future judicial office is linked here.
A concurring/dissenting opinion would find no misconduct in a remark by the judge to a law clerk to “cut [an attorney] a new asshole.” The “statement [was] no more than an off-hand, albeit unprofessional, comment made privately to a member of [the judge’s] staff in a moment of anger…Judges are human, have human emotions, and may make comments amongst themselves or their staff about lawyers and litigants while nervertheless fairly deciding cases. The Majority Opinion imposes an unreasonable standard upon judges in their private communications with each other and their personal staff. It is not the stuff that either recusal or disciplinary actions are made of.”
Thirty witnesses were called to establish the misconduct, which is set out on over 200 pages of findings and conclusions. I believe that this is the same county court system that gave us the two judges who incarcerated juveniles for a profit.
Update:
The Pennsylvania Supreme Court last week ordered that the matter be remanded and the sanction stayed. The judge will be allowed to put on new evidence alleging that the case against her was concocted by the corrupt Luzerne County judges.
Newswatch16 reported after the above order:
Given another shot by the state Supreme Court, a former Luzerne County judge looks ahead to a new hearing on the accusations against her.
It wasn’t that long ago that Ann Lokuta was considered the disgraced judge of Luzerne County, bounced from the bench on charges of professional misconduct. But a lot has happened since then, and Wednesday the state’s highest court ordered the Lokuta case be reopened.
Ann Lokuta always maintained the misconduct charges against her were part of a vendetta by then judges Michael Conahan and Mark Ciavarella. Now that Conahan and Ciavarella have pleaded guilty to corruption charges of their own, the Supreme Court wants the Lokuta case re-examined.
Ann Lokuta told Newswatch 16 she was shocked by Wednesday’s decision but still doesn’t feel totally vindicated.
According to Lokuta, the ruling means she will again be able to collect her salary and benefits as a judge but she remains suspended from the bench. She said she got the news about the court’s decision late Wednesday afternoon from her attorney.
“He kept yelling ‘judge, judge, you’re a judge again’ and I thought he was joking, so I’m very happy with this, however I’m optimistic the future will bring me some good news.”
Lokuta told me she wants to get back on the bench as soon as possible. She plans to meet with her attorney Thursday to talk about their strategy. At this point, Lokuta says it will be up to the court of judicial discipline which could or could not decide to re-open her case.
Another news report from PAHomePage.com:
Ciavarella and Conahan testified against Lokuta during proceedings that resulted in her removal from the bench. “Mark Ciavarella and Michael Conahan were the legal puppet masters over all of the staff in the Luzerne County court system and if anyone dared to step up and ask them questions, they stepped on them like little ants. I’m living proof of that.”
Lokuta says at her hearing Ciavarella and Conahan also failed to reveal they were business partners.
(Mike Frisch)