VOTERS SHOULD RETAIN JUDGES COSTANZO & LUCAS

The final item on the November ballot asks voters to consider the retention of Judges Valarie Costanzo and Michael Lucas for a second ten-year term on the Washington County Court of Common Pleas. This pair of jurists were initially elected to the bench in 2013 on both the Republican and Democratic ballots. On November 7, if these judges receive more “yes” votes than “no” votes, each will serve another term.

There are two questions facing non-lawyers who are being asked to make this important decision. First, what is the purpose of a judicial retention election? Second, how is a voter unfamiliar with the day-to-day work of a local judge expected to make an educated decision? Fortunately, the Administrative Office of Pennsylvania Courts (AOPC) and the local Washington County Bar Association (WCBA) provide some answers to help inform voters not familiar with the legal system.

When candidates for the Court of Common Pleas initially run for election, they are affiliated with a political party. They campaign against other candidates and are permitted to run on both Democrat and Republican ballots in the primary. The fact that ten years ago both Costanzo and Lucas won on both ballots is a strong reminder of their qualifications to serve as judges. A majority of voters from both political parties elected them to serve on our local Court of Common Pleas.

This November, when running for retention, Costanzo and Lucas are not labeled as members of either political party.  According to the AOPC, “Retention is a nonpolitical method of reelecting Pennsylvania judges and is intended to be politically neutral as they do not require judges to engage in campaigning against other candidates.”

In the federal courts the judges at all levels, including the Supreme Court, are appointed and often serve for life. In Pennsylvania, because judges are initially elected, there must be a method to permit the public to “judge the judges” on a recurring basis. Retention votes are designed to be a non-political means for voters to weigh in on the overall performance of members on the bench.

In order to make the process as non-political as possible, the names of retention candidates appear on a separate area at the end of the November ballot, apart from individuals running for other elective offices. Political considerations are not part of the retention election equation. The only factors for voters to consider in retaining Costanzo and Lucas are performance and integrity.

Retention elections were adopted by Pennsylvania with the view that most sitting judges would be retained in subsequent elections. After all, ten years of judicial experience is a valuable commodity, particularly in a smaller county like Washington where each judge has been asked to work in the diverse areas of civil, criminal, and family court. Moreover, once a judge’s courtroom demeanor and legal opinions are known, attorneys who practice before them are familiar with what to expect, and the wheels of justice run smoothly.

How is the non-lawyer voter to gauge the achievements and judicial conduct of this year’s judicial retention candidates, Valarie Costanzo and Michael Lucas? On this question, the WCBA provides critical information for voters. A poll was conducted among all members of the local Bar Association who voted overwhelmingly to retain them. The lawyers were asked to consider in their decision each judge’s integrity, legal ability, diligence, and judicial temperament. The members of the Bar returned a 95% retention vote for Judge Lucas and 86% vote for Judge Costanzo.

As related by the WCBA in a press release following the Bar’s election poll, “Our members have practiced before these judges, and their perspective should be valuable to the public.” Based on this poll, all voters can confidently retain both hard working and valuable judges, Costanzo and Lucas, for another term.

 

SIZING UP THE NOVEMBER COMMISSIONER’S RACE

At the national and state level, the vote this November is an “off year election.” The voter turnout is expected to be light. This is unfortunate given that in Washington County the winning local candidates will be responsible for governing for the next four years. The contest to elect three county commissioners is, in my view, the most important of these elections.

The Pennsylvania County Code stipulates that each voter may cast a ballot for two commissioner candidates and that the three having the highest number of votes will be elected. This insures that the board of commissioners consists of two members from the majority party and one from the minority party to maintain a political balance.

Commissioner board decisions occur at their monthly public meetings. Other important commissioner functions include the salary board, election board, pension board, and prison board.  

The commissioners are responsible for monitoring and guiding the fiscal management of county government. The three commissioners work with  other county and state officials to ensure that citizens receive needed services.

Whatever the outcome of the election, the composition of the new board of commissioners will be noticeably different from prior decades. For the first time since 1996, Republican Diana Irey Vaughan will not be on the ballot. The other two incumbent commissioners Democrat Larry Maggi and Republican Nick Sherman are considered favorites to remain on the board. The political party that controls the board will most likely come down to whether Democrat Cindy Fisher or Republican Electra Janis captures the most votes. What follows is a brief analysis of each of the candidates.

Larry Maggi. Larry Maggi is currently serving his fifth term as commissioner. Commissioner Maggi is committed to keeping Washington County on the forefront of economic growth, low taxes, and quality of life issues.

Commissioner Maggi has a long history of public service. He was honorably discharged from the Marine Corps in 1971. He then served 24 years as a state trooper with the Pennsylvania State Police. Mr. Maggi was first elected to public office in 1997 as Washington County’s Sheriff before being elected commissioner in 2003.  He continues to serve on a long list of veterans, community and governmental organizations.

Commissioner Maggi brings a wealth of experience and few surprises to the commissioner’s office. He has always been a watchdog of the public purse. Mr. Maggi recently joined with Republican Commissioner Diana Irey Vaughn in signing a bi-partisan, cost effective contract with the county’s chamber of commerce to promote long-term economic growth. This contract will ensure that the 25-year partnership between the county and chamber will continue to build and diversify our highly successful local economy.

Nick Sherman.  Nick Sherman is completing his first term as commissioner. When the local Republican Party attacked his fellow Republican commissioner, Diana Irey Vaughn, who worked tirelessly to get him elected, Sherman abandoned her. Mr. Sherman has shown himself to be an opportunist who places political calculations before good governance. He has supported election deniers rather than his responsible Republican, fellow commissioner.

Commissioner Sherman calls himself a “fiscal conservative.” However, he was the driving force behind the county purchase of the Crossroads Building at millions over market value.  Mr. Sherman has finally exposed his hand on his post-election plans for the economy and county government. On September 21, he voted against the above-described comprehensive contract to continue the county/chamber of commerce partnership to spark additional economic development. Sherman did not offer an alternative to the arrangement that has worked well for many years. One can only guess what other unannounced government changes Sherman has in mind if a new Republican board captures the majority.

Cindy Fisher. Cindy Fisher is currently serving her second term (9th year) as a Cecil Township Supervisor.   She has been the Chairperson of Cecil Township Board of Supervisors for the past three years and served three years as Vice Chairperson.  Prior to this elective office, she was an executive member of her local school’s Parent Council.  

Ms. Fisher is fiscally conservative and a moderate Democrat who has not raised taxes during her time on the Cecil Board of Supervisors.  She helped secure more than $1 million dollars in grants for improvements to Cecil’s five parks, bridges, the Montour walking trail, and improvements to its public works facilities. 

Like her running mate, Larry Maggi, her top priority is maintaining and growing a strong local economy.  Ms. Fisher recently outlined her economic vision in the Observer Reporter. It encouraged disgruntled residents in Allegheny County to move into Washington County. She stated, “With our growing economy, we can welcome Allegheny County families to our county by showing our area is a great place to work and live. We must promote that Washington County is not Allegheny County… we must not repeat Pittsburgh’s mistakes.”

Electra Janis.  Electra Janis is a young woman in her twenties who has not run for elective office prior to this campaign. She has no decision making experience in either county or municipal government. Ms. Janis has worked in her family’s restaurant business and been employed the past three years as district manager for her local state representative, answering questions for constituents.

There is an important distinction between Fisher and Janis. Cindy Fisher has the government experience and self-assurance to bring independent thinking to the Board of Commissioners. Electra Janis will follow the lead of her Republican handlers.

 

 

 

 

 

 

 

 

THE ELECTIONS FOR CLERK OF COURTS & REGISTER OF WILLS

On November 7, voters will elect Washington County’s Register of Wills and Clerk of Courts to four-year terms. These two Row Office positions normally attract little attention from the public. Traditionally, in each office, an experienced incumbent is reelected to continue performing case filing responsibilities on behalf of the Court of Common Pleas. Events since the last election in 2019 have altered this routine and predictable pattern.

In the Clerk of Courts office, Republican Brenda Davis generated more headline news than did the other elected county officials combined. She consistently defied President Judge John DiSalle by refusing to perform her official responsibilities as Clerk of Courts. This led to a finding of contempt against her, a jail sentence, and fines. Ms. Davis was defeated in the primary election by Republican Ray Phillips. Democrat, Bobby Dellorso is challenging Mr. Phillips for the office.

In the Register of Wills office, the incumbent, Republican James Roman will face off against Democrat, Alex Taylor. During his first term in office, Mr. Roman generated his own list of controversies. First, in successive years, he held the distinction of not cooperating with the mandated County audits of his office, performed by both Democrat and Republican Controllers. Second, he regularly appeared at public Commissioners’ meetings to attack them for policies that had nothing to do with his office. Third, he physically threatened an employee in his office. According to Commissioner Diana Irey Vaughn, there was a separate formal employee complaint raising safety concerns filed against him. Lastly, Mr. Roman played fast and loose with administrative orders published by the court, and courthouse procedures adopted by the commissioners. These incidents included courthouse-masking policies during the pandemic and the prohibition against weapons in the courthouse.

Clerk of Courts. The Clerk of Courts is the custodian of the records for the criminal division of the Court of Common Pleas.  All criminal motions and petitions are filed with the Office. These include expungements of criminal records permitted under state law.   

The office processes bail bonds to permit criminal defendants to be released from custody. It provides the means to perform criminal record searches on adults. The office is responsible for filing summary criminal appeals from the Magisterial District Judges, including traffic code violations. The Clerk of Courts accepts and processes appeals on criminal matters from the Washington County court system to the Superior Court of Pennsylvania.

The Republican candidate, Ray Phillips, has campaigned on a pledge to turn the page on Brenda Davis’s term in office. During the Republican Primary, he wrote that, “We must restore integrity to the row offices of Washington County.” 

Mr. Phillips is a graduate of Washington & Jefferson College and has been employed in a variety of sales positions, including a Fortune 500 Company. He presently owns and operates Spraymasters Collision and Refinishing in Houston, Pennsylvania.

The Democrat candidate, Bobby Dellorso, who also attended W&J, is a lifelong resident of Canonsburg. At an early age he learned the trade of butcher and meat cutter. He is presently a Master Meat Cutter at Giant Eagle in McMurray. For 30 years, Mr. Dellorso managed U.S. government contracts for the Department of Defense and Transportation while employed by American Road Lines.

Like his opponent, Mr. Dellorso was encouraged to run because of the chaotic management in the Clerk of Courts office. On the campaign trail, he has promised to bring integrity to the office and to restore a spirit of cooperation.

Refreshingly, both candidates view the office as nonpolitical.

Register of Wills.  The Register of Wills is the elected official who is responsible for probating wills and maintaining records of wills, estates, and other matters under the jurisdiction of Orphans Court.   

Orphans Court is the branch of the Court of Common Pleas that adjudicates decedents’ estates, trusts, guardians of the persons and estates of minors and incapacitated persons, powers of attorney, termination of parental rights and adoptions, civil commitments, and marriage licenses. Inheritance and estate tax disputes are resolved in the Orphans’ Court.

The Register of Wills accepts and files documents necessary to complete the administration of all the above.  In addition, the Register of Wills grants letters of administration and appoints an administrator in cases where a person dies without a will. The office determines whether a document offered for probate is valid. State inheritance taxes are collected by the Register of Wills and forwarded to the Commonwealth.

Mr. Roman’s Democratic opponent, Alex Taylor, holds a bachelor’s degree in political science from the University of Pittsburgh.  He is employed as the manager of 30+ individuals in the health care industry at Voices for Independence (TRPIL).

When announcing his candidacy for Register of Wills, Mr. Taylor stated, “We need county officials who treat their staff and county employees with dignity in the workplace, and who take the office they hold seriously and who show it by the way they act.” If elected, he promises to cooperate with audits, restore respectability to the office and to follow policies mandated by the county and the courts.

In recent comments, incumbent Jim Roman appears to blame the media for his questionable performance, as follows, “I can’t wait to see what they make up about the Register of Wills office. Crazy that my office has been fine since the last election, but right before this election, I'll be on the front page.”