WHAT IS A PROTHONOTARY AND WHO ARE THE CANDIDATES?

There is a legendary Pittsburgh story from 1948 of then-President Harry S. Truman visiting the city during a campaign stop. As he was introduced to local officials in the receiving line, he commented, “What the hell is a Prothonotary?” When County voters go to the polls this November, many of whom are unfamiliar with the Pennsylvania court system, they will probably ask themselves the same question.

This commentary will explain why the Prothonotary’s office has a greater impact on our day-to-day activities than most voters realize. I will also review the qualifications of the two candidates running for the office of Prothonotary this November; Incumbent Republican Laura Hough and her opponent, Democrat Sandy Sabot. In the interest of full disclosure, my spouse is a close friend of Ms. Sabot and hosted a “meet and greet” function in support of her candidacy.

It would be unfortunate for residents to cast a vote for this important office supporting our courts based solely on party affiliation. Voters seeking good government should seek to match up a candidate's qualifications with the responsibilities of the position. In many jurisdictions, including the federal courts, the Prothonotary’s duties are considered so important that it is no longer an elective office. Instead, each court administration appoints a professional manager with specialized training to oversee increasingly complex court management systems, free from politics.

According to Wikipedia, the original meaning and function of a Prothonotary come from an ancient and rich tradition. The term is Latin for “first notary.” Under early ecclesiastical law, the Prothonotary would notify the Judge whenever a case was ready for trial. After the English court system was established, the Prothonotary acted as the chief administrator of the King's Bench and Court of Common Pleas.  

In the administration of our modern courts, the Prothonotary function has been modified to file storage and retrieval responsibilities. Accordingly, most jurisdictions have dropped the term prothonotary in favor of “civil clerk.” Wikipedia reveals that only four states, including Pennsylvania, have maintained the ancient title.

In Pennsylvania, the Prothonotary’s office collects fees for all of its services according to a schedule adopted by the legislature. The Prothonotary has administrative responsibility for keeping and maintaining all civil court documents. A copy of each document may be officially certified by the Prothonotary to demonstrate its authenticity for use outside the court system.

The list of essential Prothonotary functions is impressive. All civil complaints and related pleadings are time-stamped and stored for future reference. Divorce filings, custody cases, and Protection from Abuse actions are retained in Family Court matters. Appeals from the magistrate courts are accepted and scheduled for trial.  Cases that are appealed to higher state courts are organized and transmitted to the Appellate Courts. The Prothonotary is where an attorney or resident goes to obtain a subpoena, file name change petitions, tax assessment appeals, mechanic liens, judgments on court verdicts, and executions to enforce money judgments.

Laura Hough. The incumbent Prothonotary, Laura Hough, was swept into office in 2019, along with her fellow Republican Row Officers. She was the first registered Republican to hold the office in 40 years. Ms. Hough is proud of her office’s efforts to continue filing and retrieval operations during the COVID-19 pandemic. She is excited about the court’s new file management system.

Throughout her term, Ms. Hough has maintained a political alliance with the anti-establishment political views of the Clerk of Courts, Brenda Davis, and the Register of Wills, James Roman. Early in her tenure, she largely managed to avoid direct confrontation with the Washington County court system and the county commissioners.

Matters dramatically changed in April of this year. Both Republican and Democrat County officials rebuked Ms. Hough for inappropriately using a database, LexisNexis, installed in her office to track down addresses. She was cited for personally conducting background searches on two dozen individuals involved in local county politics, including the commissioners. The County revoked her search privileges after the improper searches were discovered.  According to the Observer-Reporter, a letter was sent to Hough reprimanding her for “usage clearly showing access to potentially confidential information of certain individuals.”

While Hough’s conduct did not lead to criminal charges, it was troubling. Misusing a database paid for by Washington County, for political purposes, has no place in the Prothonotary’s workplace. Ms. Hough has never explained why she conducted the unauthorized searches and has dismissed the admonishment from the commissioners as a “political hit job.”

Sandy Sabot. Sandy Sabot, the Democratic candidate for Prothonotary, has a degree in journalism and communications. She worked for nineteen years in county government as a Caseworker and Resource Specialist. Ms. Sabot has worked for a long list of public service organizations including the Washington School District, TRIPL, the Washington Symphony, United Way, Mental Health Association, Washington County Food Bank, League of Women Voters, and Faith in Action. She performed assignments in news reporting for WJPA radio and hosted talk shows discussing community services and county programs.

Ms. Sabot has been active in Democratic politics and was elected to serve as both a state and local committee member. As Prothonotary, she pledges to provide “open dialogue regardless of party affiliation.” Her goal is a well-run Prothonotary’s office free from “fights, backstabbing or lawsuits.”

For more information on this and other races, voters should attend the Candidates Forum scheduled at the LeMoyne Community Center at 7pm on October 11.

 

 

 

 

 

 

 

THE CANDIDATES FOR WASHINGTON COUNTY TREASURER

In the November general election, voters will decide who will serve as Washington County’s Treasurer. The candidates are incumbent Republican, Thomas Flickinger, and his Democratic opponent, Joseph Manning. Before reviewing the credentials of the candidates, a brief history of the English and early American position of Treasurer is informative.

According to Wikipedia, the position of English Treasurer is believed to have come into existence around 1126 during the reign of Henry I. The Treasury was originally a section of the Royal Household, having custody of the King's money. In 1216, this role expanded, and the Treasurer was appointed to take control of the Treasury at the seat of government at Winchester, London. The Treasurer was originally an officer of the Exchequer who was responsible for the collection and management of taxes.

Wikipedia discloses that in the 16th century, the office's title developed into Lord High Treasurer. By the reign of Henry VIII, the position had achieved a place among the Great Officers of State, behind the Lord Chancellor and above the Master of the Horse. Within decades, the position became the most important in the English government with the head of finance often becoming the de facto prime minister.  

The Continental Congress created two “joint Treasurers” of the United Colonies on July 29, 1775. Wikipedia reveals that they were instructed to reside in Philadelphia, then the home of the Continental Congress. Their primary responsibility was to fund the Revolutionary War.  By 1781, the U.S. faced an unremitting financial crisis. This was underscored by the January 1781 Pennsylvania Line Mutiny in which ten poorly fed, unpaid Continental Army regiments demanded better conditions from Congress. Though the mutiny was put down, it convinced Congress to implement reforms that created the departments of war, marine, finance, and foreign affairs, each of which would be led by a departmental executive. By a unanimous vote, Congress selected Pennsylvanian Robert Morris as the Superintendent of Finance. Morris convinced Congress to establish the first bank to operate in the United States. An excellent biography by Charles Rappleye, Robert Morris, Financier of the American Revolution highlights this early American history.

Over time, each state and eventually each local government established an appointed or elected Treasurer. In Washington County, the Treasurer's Office is an independent elected office with the primary mission to receive, disburse, and safeguard the monies of the County. The Treasurer collects payments of real estate taxes and fees, state and federal grants, and other monies due the county. Licenses issued by the office include dog, fishing, hunting, fur trapping, and small games of chance.

Both candidates for the office responded to my written questions concerning their respective campaigns. What follows is a summary of their qualifications and campaign positions.

Thomas Flickinger. Mr. Flickinger is coming to the end of his first term in office. He has an MBA in finance and worked extensively in the banking and credit industries. He was part owner of a business that has been sold.

Mr. Flickinger is proud of several initiatives he has established in the Treasurer’s office. These include improving the dog license process, establishing “eNotice” which permits taxpayers to receive, pay, and get their tax receipts over the Internet, and creating the Washington Abused Animal Relief Fund. This last effort has disbursed about $6,000 to animal relief organizations.

Mr. Flickinger points out that he convinced the office of Pennsylvania Tax Revenue to reimburse the county for services the Treasurer was providing. At the request of the Commissioners, he examined county finances. The Treasurer determined that if two County bonds were refinanced, 1.75 million dollars would be saved over the life of the bonds.

If elected to another term, Mr. Flickinger plans to “continue to seek opportunities to improve the taxpayer experience, reduce costs, and improve office operations.” As employees retire, his intention is to reduce staff to further streamline the office.

The present Republican Treasurer is an avowed conservative on both social and financial issues. Since his election in 2019, he has not actively engaged in the political disagreements that the local Republican Party and other elected Row Offices have launched against the Commissioners or against the court system.

Joseph Manning. Mr. Manning was a career firefighter before dedicating his career to elective public service.  He ran as a Democrat for the Washington City Council and served for 12 years. While on Council, Mr. Manning was appointed Director of Public Safety, Director of Accounts and Finance, and led the city’s Covid-19 Response Team.

If elected, Mr. Manning has pledged to review all operations in the Treasurer's office to improve its functions and service. He believes that his “30 years of experience” qualifies him to “continue my mission to provide the best service possible.”

Mr. Manning has a refreshing view of how the candidates and voters should view all the Row Office elections, including the Treasurer's Office. He believes it is “a non-issue, non-partisan position that serves an administrative role and should serve the interests of all residents, regardless of party affiliation.” He is concerned that over the past four years “our citizens have seen too much disruption from elected officials” and that “it is time for a new beginning and a return to dignified government and public service.”

Neither candidate chose to express any negative impressions about their opponent. By all appearances, either candidate would well serve the public’s interest as the County Treasurer.

 

 

 

UNPACKING THE ELECTION FOR DISTRICT ATTORNEY

At the beginning of each episode of the long-running TV show, Law & Order, we are told: “In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the District Attorneys, who prosecute the offenders. These are their stories.”

Unless a voter closely follows local criminal prosecutions or attends campaign events in Washington County, there is little opportunity to discover information about the two candidates in the upcoming election for District Attorney. From my perspective, here are their stories.

In Pennsylvania, a District Attorney has jurisdiction over all felony, misdemeanor, and summary offenses. The office works with other county agencies, including Juvenile and Adult Probation, Drug and Alcohol, and many state agencies to provide criminal justice services. There is an important administrative component to the position in organizing the work of a number of Assistant District Attorneys, office staff, and detectives.

The local candidates are incumbent Republican DA Jason M. Walsh, Esq., and his Democratic opponent; Christina DeMarco-Breeden, Esq. I asked both candidates to respond to written questions to help explain why each is running and why voters should consider supporting them. In my view, following the commissioner’s contest, it is the most important election that voters will decide this November.

Jason Walsh joined the DA’s office in 2016 as a Deputy District Attorney. He gained the trust of then-District Attorney Eugene Vittone and was promoted to First Assistant. When the very popular Mr. Vittone unexpectedly passed away in August 2021, Mr. Welsh was elevated to District Attorney for the remainder of the term.

Mr. Walsh points out that over the last two years, he has continued the work of his predecessor and “set benchmarks in the prosecution of violent/gun-related crimes and drug deliveries resulting in death.” He continues personally to prosecute homicide cases while performing all of his administrative responsibilities.  He is proud of the detective unit he has assembled and the fact he has been “endorsed by all of Washington County’s law enforcement organizations.” If elected into his position, Mr. Walsh does not foresee any major changes to the office and will “continue to make Washington County a safe place to live, work, and raise children.”

Christina DeMarco-Breeden's goal as an attorney was to “become a prosecutor.” She has served in this function in a part-time capacity since 2015. She believes that “the thousands of cases she has been assigned, from traffic offenses to homicide, have prepared her to assume the next step as Washington County’s first female District Attorney.”

Ms. DeMarco-Breeden is campaigning to bring administrative changes to the office. She would “re-establish the County Special Victims Unit, with trained prosecutors who specialized in domestic violence, sexual assault, and child abuse.” She would place more emphasis on “specialty criminal courts in the areas of drug addiction, mental health, and cases involving veterans. This would provide needed support services to reduce re-offending.” Like her opponent, if elected, she is committed to carrying a caseload in addition to performing administrative responsibilities.

A significant difference of opinion concerns the filing of death penalty cases. Mr. Walsh’s opponent points out that as of May 2023, “Washington County had 12 death penalty cases while the much larger Allegheny County had half this number. The entire Commonwealth had only 52.” Ms. DeMarco-Breeden is not opposed to the death penalty. However, she believes it “should be reserved for the most heinous first-degree murder cases involving premeditation and a specific intent to kill.” She believes that Mr. Walsh has politicized homicide cases in seeking the death penalty in many situations. Mr. Walsh’s response on this issue is that his “difficult and solemn decision” to pursue the death penalty was “based on the horrific facts and circumstances of each case.”

The filing of death penalty cases has become a hot issue of national importance in criminal justice circles. Such cases are prohibitively expensive and time-consuming for any District Attorney’s office. Research has shown that the death penalty does not reduce violent crime and may result in innocent and mentally ill people being executed. Moreover, the death penalty is brought more often against minority defendants. Because of the importance and sensitivity of this issue, I hope that the candidates will have the opportunity to explain their positions to the voters in an upcoming debate.

Ms. DeMarco-Breeden’s candidacy is being challenged for the scattered locations of her work as a prosecutor. She resides in Washington County and is an active member of the local Bar Association. However, her past employment as an assistant DA has been part-time in the Greene and Fayette County DA’s offices. She is now employed part-time in the Somerset County office. She has never worked in Washington County’s District Attorney Office.

DeMarco-Breeden believes her experience in neighboring counties gives her a broader perspective on the duties of District Attorney.  She points out that she has served in many cases as a court-appointed attorney for abused and neglected children in Washington County.  

There is a clear difference in the respective philosophies of the candidates. Mr. Walsh has more of a conservative law-and-order orientation. Ms. DeMarco-Breeden comes across as a criminal law reformist. 

The “best story” for the office should follow the blueprint established by former DA, Eugene Vittone.  His approach was to support a well-trained and equipped police force while showing compassion whenever warranted in the courtroom.

 

 

 

 

 

THE HUMAN CONDITION HAS NO NORMAL

 

With the advantage of all-knowing artificial intelligence at our fingertips, and with life so full of uncertainty, it is common to ask the internet gods, “Am I normal?” We want to Google whether our behavior, our bodies, and our deepest emotions are acceptable for our age, circumstances, and station in life.

Thankfully, studies in cognitive science have concluded that the world is not neatly divided into the healthy and unhealthy. Both physical and psychological characteristics exist along a noticeable continuum. We are all weird in some respect, and that is normal. A person with anxiety may be better prepared for unforeseen circumstances and may demonstrate improved memory. A risk-taker is subject to physical mishaps but is more likely to take his/her profession in new and exciting directions. Some individuals with ADHD and autism have used these conditions to great advantage.

The difficult task is identifying the difference between being uniquely human and becoming unhealthy. Physical illness deals with the structural or functional integrity of the body. It is easier for a trained professional to diagnose and treat physical as opposed to mental illness.

Mental health is complicated by the many forms it takes. There is an entire industry that focuses on self-improvement. Examples include improving communication skills, sleep routines, and drinking habits. A second category centers on more serious signs of deteriorating mental health such as anger management, chronic insomnia, and heavy drinking. Lastly, there is clinical mental illness that requires comprehensive treatment with therapy, medication, and in its worst manifestations, hospitalization.

Mental health has come into focus in recent years, augmented by the stress of the pandemic. The subject is no longer avoided in polite conversation. Screening for symptoms of mental disease has skyrocketed in both schools and physician offices. A recent article in the Wall Street Journal, The Booming Industry of American Anxiety, highlights how far we have come. The author points out that in a recent National Center for Health survey, 27% of respondents reported symptoms of an anxiety disorder compared with just 8% in 2019.

One paragraph from the WSJ write-up illustrates the phenomena. “A search for ‘anxiety relief’ on Google pulls up links for supplements in the form of pills, patches, gummies, and mouth sprays. There are vibrating devices that hang around your neck and weighted stuffed animals, bead-filled stress balls, and coloring books that claim to bring calm. Ads for online talk therapy apps pop up on social media sites.”

This explosion in mental health remedies is very different from where we were at the beginning of the twentieth century. Open discussions on self-improvement and anxiety then were rare. More serious cases of mental illness were associated with punishment for moral shortcomings and lack of willpower. Patients received little empathy. Inhumane confinement was still common. The first outpatient mental health clinic in the United States was not opened until 1908.

Women’s mental health was often associated with one diagnosis, hysteria. It was a catchall medical judgment for anxiety, fainting, nervousness, insomnia, and inappropriate behavior.  It was often treated with the opiate derivative, laudanum, which came with its own set of problems. The American Psychiatric Association did not drop the term, hysteria, until the 1950s.

Bringing mental health out of the shadows and into the mainstream has been accelerated by events in both professional sports and politics. Until recently, actors in these categories considered discussions on their mental health off-limits. Both professions required a persona of emotional toughness to remain relevant. To do otherwise left them open to attack from the media, the public, and their peers.

Recent instances of high-profile athletes prioritizing their mental health have triggered an essential shift in the narrative of mental health in sports. In May 2021, tennis star, Naomi Osaka withdrew from the French Open, citing concerns for her mental health. At first, there were detractors, but in short order, other major sports figures with similar stories rushed to her defense. When gymnast Simone Biles sat out several events at the Tokyo Olympics, she sparked a global discussion on sports and mental health. In 2023, almost all professional sports openly encourage mental health treatment and support networks.

The “blood sport” of national politics has also undergone a sea change concerning mental health. In 1972, Thomas Eagleton was briefly the Democratic vice presidential nominee under George McGovern.  He suffered from bouts of depression in the 1960s, which were kept secret from the public. When they were revealed, Eagleton was forced to quit the race. The stigma of mental illness was impossible to overcome.

Contrast the Eagleton fiasco with the recent saga of John Fetterman, Pennsylvania’s junior Senator. Senator Fetterman suffered a stroke during his campaign and experienced severe depression following his election to the Senate, which required a lengthy hospitalization.

This August, Fetterman sat down with Time magazine and gave a blow-by-blow account of his illness and recovery. He has received enthusiastic support from the public and from his fellow Senators. Fetterman believes the transparency is good for him and that his voice “will help pull others out of the darkness.”

Our journey through life is complicated by conditions both physical and mental. These unexpected developments often send us down a challenging and more rewarding path. In the words of Maya Angelou, “If you are always trying to be normal, you will never know how amazing you can be.”

 

THE ROLE OF BIDENOMICS IN THE 2024 CAMPAIGN

The White House is campaigning for the reelection of Joe Biden on the back of his economic policies, appropriately labeled “Bidenomics.” This commentary will examine what the President has achieved after three years in office. The analysis will consider why Biden is not receiving credit for his successes and what could go wrong in the 2024 campaign.

The Biden administration correctly argues that when it took office in January 2021, former President Trump left them with an economic and public health disaster. That January was the cruelest month for COVID-19 when more than 95,000 Americans died from the disease. The universal vaccination rollout was untested and bumpy with logistical problems. In the economy, unemployment was elevated to 6.3%. International supply chains were broken well beyond what any economist thought possible, and inflation would soon skyrocket. Hundreds of thousands of small businesses were at risk of permanently shutting down.

For the next 12 months, the Biden presidency was about getting vaccine shots into people's arms and providing economic aid to those most affected by the pandemic. In Biden’s first month in office, he announced the “American Rescue Plan.” Following its Congressional approval, the program provided $1.9 trillion in aid, one of the most extensive economic rescue efforts in U.S. history.

By late 2021, the Biden administration was able to pivot away from crisis mode and into developing its comprehensive blueprint to bring the country out of the pandemic and into a strong economic rebound. The centerpiece was the bipartisan “Infrastructure Investment and Jobs Act.” This generational investment of $2 trillion in our nation’s infrastructure and competitiveness is designed to rebuild America’s roads, bridges, and rails. It expands access to clean drinking water, ensures every American has access to high-speed internet, and tackles the climate crisis. The infrastructure initiative was followed by the Inflation Reduction Act of 2022. This legislation sought to curb inflation and lower prescription drug prices. It invests in domestic energy production, emphasizing clean energy.  

With these legislative programs as background, the White House put together its goal to campaign on the benefits of Bidenomics in 2024. By July of 2023, the President could affirm that the economy had added more than 13 million jobs since the pandemic low point. Amazingly, 800,000 of the jobs were in manufacturing. Ten million applications for new small businesses were filed in 2022 and 2023. America experienced the strongest growth since the pandemic of any leading economy in the world. By this August, inflation has been cut in half and come down for 11 straight months. The country has experienced a 50 percent increase in Affordable Care Act medical insurance enrollment since Biden took office.

With all this positive news, how is it possible that Bidenomics does not have President Biden surging in the polls?

First, in our pessimistic media, negative speech gets more attention than positive statistics. Fox News and related pro-Trump media sources have nothing constructive to announce on the progress of Bidenomics to their listeners. Moreover, traditional news sources report on high inflation and skip stories based on a statistical analysis of the President’s successes.

Second, the same Republican members of Congress who voted against Biden’s economic policies and who attack Bidenomics as “big government overreach”, are now taking credit for the new job-creating projects in their districts. Unfortunately, many other projects funded by Biden’s efforts will not show results until long after the 2024 election.

Third, consumers continue to feel the effects of the record-high inflation resulting from the pandemic. While the overall inflation rate has dramatically decreased, sticky inflation on certain consumer items and gasoline has kept these prices above pre-pandemic levels.

Fourth, the Federal Reserve’s efforts to bring inflation under control are designed to raise the unemployment rate and lower wages, which are not positive developments for the middle class.

Fifth, the Fed’s major weapon to fight inflation has been to raise interest rates. This has made the cost of consumer borrowing more expensive. Seven percent mortgage rates have discouraged first-time homebuyers.

Lastly, there is a general sense of economic uncertainty, and fears of a recession remain remarkably high. All of this leads to only 41 percent of Americans approving of President Biden’s job on the economy, despite all the success over his three years in office.

There is a danger that the President and other Democrats running for office will place too much emphasis on Bidenomics in the 2024 campaign. For this strategy to work the economy must be improving twelve months from now. Inflation and interest rates must both be down. The President’s economic message must finally resonate with the American people. This is asking a great deal, much of it beyond Biden’s control.

A better strategy would be to broaden the Democratic campaign message to include the President’s foreign policy agenda. The Biden administration has shown decisive leadership in Ukraine and in uniting Japan/South Korea. America’s European allies and other countries have praised Biden’s efforts in promoting international democratic norms after serious erosion during the Trump era.

The remaining option is to go fully negative against Trumpism and the Republicans who follow the former president’s creed. This approach is not in Biden’s DNA, and he would prefer to stand back and not engage with Trump or gloat about his legal problems.  However, negative campaigning may be the last best option for influencing undecided voters in 2024.