Month: October 2015

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Centre County, It Is Time To Move On

Many of us were pleased with the outcome of the Grand Jury investigation into allegations that the Centre County District Attorney had acted improperly and committed several potentially criminal acts. At least we were going to be spared a very messy public trial of a sitting District Attorney! We could get back to normal in Centre County!

But the parties continued to escalate their dispute, now in Federal civil court, and our nightmare continues. Centre county’s legal community has become toxic. I suspect the District Attorney will insist, and likely believes, that pursuing the various civil and tort remedies she is seeking in Federal court will restore her reputation in the community, and in turn will restore confidence in the justice system.

This outcome could not be more unlikely. The public is upset about the fighting and the allegations and the acrimony. I see it daily from my clients, friends, family, and people I just happen to meet out in public.

To make matters worse, a private anti-union group (an apparently Thatcherite organization that seems to crusade against evil groups like public schoolteachers) has begun agitating against the District Attorney, accusing her of corruption and other violations of the public trust. Just today, I saw a flashy, professionally produced mail piece arrive at home imploring the public to… I don’t know what. Rise up? It wasn’t clear what their goal is, aside from shitstirring. Maybe they’re just bored?

I’m only half-joking when I tell people we are going to need a Truth and Reconciliation Commission to get over this.

Many of us in the legal community have stayed out of these fights. It is my belief that the Rules of Professional Conduct require us, at least the attorneys, to not do anything that undermines public confidence in the Judiciary and, by extension, the criminal justice system. But there is a conflicting requirement in our Rules: to speak out on issues of public concern and for the reform of the legal system.

So here’s my idea for what needs to happen: For the good of our community, the District Attorney needs to drop her lawsuit. The other various parties need to drop any counterclaims they may have filed.

Apologies should be offered and accepted all around, by and to everyone involved. Only then can we start to work together to restore Centre County’s reputation as a model court in the Pennsylvania Unified Judicial System.

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Centre County General Election

This election season, I find myself in a strange situation.

I’m a lifelong Democrat. I’ve always voted for Democrats. I’ve even been heard to say that voting Republican is a moral failing. And yet I find myself planning to vote for not one but TWO Republicans in the November General Election.

What am I thinking? I know these two Republicans professionally. They are the best candidates for their respective jobs.

Ronald McGlaughlin for Judge (Read my Endorsement)

Christine Millinder for Register of Wills (Read my Endorsement)

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Endorsement: Ron McGlaughlin for Judge

I am supporting Ronald McGlaughlin for Judge of the Court of Common Pleas of Centre County. The Republican candidate to replace Judge Bradley Lunsford, who is retiring from the Bench at the end of his term, has been a mentor to me since I started practicing law. When I left the Public Defender Office and started my own firm, Ron was always available to answer questions. No matter how odd the inquiry, Ron always has some sage advice to offer. Very few attorneys know more about the process and procedures in the Court of Common Pleas.

Both of the candidates for Judge are well-respected attorneys, and we really can’t go wrong with either of them on the Bench. All things being equal, I find myself looking to the needs of the court.

It is no secret that we’ve been roiled by turmoil, disruption, and acrimony for months now. Without rehashing the drama here, it is sufficient to note that, of our four judges, only two are hearing criminal cases. That, combined with the District Attorney’s decision to pursue stiffer penalties for all offenses, has led to an inflated number of cases in the system. Frankly, we are struggling here.

This is where the differences in the candidates come into play.

Katie Oliver is a smart lawyer, and a fine litigator. Most of her experience has been in Federal court, however, which is a distinctly different beast from the Courts of Common Pleas. Ron McGlaughlin, on the other hand, has been practicing criminal law for two decades. In the long-run, either of these attorneys would be fine jurists and a credit to the Bench. Ron will be prepared to handle criminal cases from day one, and that is why I am supporting him for Judge.