THE LIBRARY MAKES US A BETTER COMMUNITY

It is ironic that Citizens Library is in danger of closing its doors because the Washington and Trinity school districts may not provide their yearly stipend.  The school districts are already under water from the State budget.  This is like asking Social Security to save Medicare, or the City Mission to bail out public housing.

Whether the library closes or not, the fact we are having the discussion is pathetic.  Libraries are essential institutions in a democratic society because they play a non-partisan role in providing the information that allows all of our citizens, including the less fortunate, to make informed decisions.  Citizens Library is the heart of the sick entity known as the City of Washington.  Turn out the lights and the old lady sputters and maybe dies.

Washington County is experiencing an economic revival like few places in our country.  If the County government, private enterprise and our more affluent citizens cannot come up with $50,000.00, there is something wrong with our priorities.

JUSTICE FOR HEDGEHOGS

by Gary Stout

All of our elected officials (and most of the rest of us) should read JUSTICE FOR HEDGEHOGS by Ronald Dworkin. This philosophical essay starts from the premise that while the fox knows many things, the hedgehog knows one really big thing. In this remarkable book, the one big thing is what differentiates right from wrong. Dworkin develops a clear path, by explaining ethics, morality, freedom, liberty and equality. It is possible (actually it is mandatory) to live well and be good. One must know the rules.

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MARCELLUS SHALE, GAME THEORY & THE PUBLIC GOOD

Whenever an environmental issue captures the attention of the public, my thoughts always turn to game theory.  I have come to believe over the years that there is no outcome that will favor the environmentalists when there are politicians, industrialists, economists, emerging economies or farmers with gas in the south forty, on the other side.  No matter how dire the consequences, greed, self interest and simple short term gain always seems to win out over what is best for the long term collective good.

 The oldest principal in game theory “the tragedy of the commons” saw the conservation crowd come up short from the time of sheep herding in the Bible until this year, when the price of your tuna steak doubled.  It explains why every area of common land suffers from overgrazing and why every sea fishery suffers from overfishing.  Individual rational behavior, to take as much as you can as quickly as you can from a common area, deteriorates into collective ruin. Watch out arctic circle, you are the next commons.  Many countries have you in the crosshairs, polar bears and global warming be damned.

More recent game theories like “the prisoner’s dilemma” and “tit for tat” also make me pessimistic when applied to environment issues.  The game scenarios in the former theory, place two prisoners against each other.  If they both confess, they each get 3 years in prison.  If they both stay silent, they each get one year in prison. If one confesses, he goes free, only if the other stays silent.  The silent one now gets the shaft, 5 years in prison.  Over and over again the rational prisoner will chose to confess, because he does not want the other to go free and for himself to serve the longer term.  Once again, individually rational strategies result in a collectively irrational outcome.  Guess what, individual countries and farmers with gas rights think the same way.  Never chose an option where your neighbor may make out better than you.

The “tit for tat” game theory should offer me some consolation, but it doesn’t.  It was developed by social scientists to explain how it is possible for mankind to behave based on cooperation rather than self interest.  It uses examples from the animal world and primitive tribes.  The theory is that once there is conditioning and experience in giving something up to get something back, self interest can be overcome. A cautious exchange of favors enables trust to be built upon a foundation of individual reward.  Now, this line of thinking may work for vampire bats or the Ache people of Paraguay, but certainly not our State government, Congress, or our relations with Brazil, India and China.

So what has all this to do with Marcellus Shale? I suspect that the short term gain of an additional energy supply, given an energy crisis and the recession, not to mention powerful political and corporate interests, will far out match long term environmental concerns.  In the first place, the American people are much more adept at kicking the can down the road than developing strategies based on cooperation. (see the national debt, taxation etc.)  In the second place, unlike our socialist friends in Europe, given our peculiar Andrew Jackson DNA, we do not favor lifting the entire environmental boat, for the collective good, when there is money to be made.  The next drilling rig may be in our own backyard.

The Stock Market

I have a friend who belongs to the Pennsylvania Trappers Association and who is also a card carrying Vegan.  The ying and the yang keep her balanced.  Trap the critters and eat kale for dessert.   It is difficult to argue with her because I practice a similar dichotomy.  I read three financial newspapers, hundreds of financial internet articles a week and play the market like a riverboat gambler. I am also a democratic socialist who believes we need more resource sharing and less capitalism.

            There is something so elemental about the stock market that is hard to resist.  Sell when the herd is greedy and buy when the lemmings are struck with fear and following each other over the cliff.  Besides when your country provides no guarantee of a comfortable retirement and takes away the economic and social compact established by Roosevelt and Lyndon Johnson, a little gambling is not a bad idea.  I wonder if they play the stock market in Denmark or Sweden.

WASHINGTON PA BUSINESS DISTRICT

The business district in The City of Washington is truly a conundrum. It does not fit the profile of a dying steel town and yet more storefronts are boarded up than ever.  The factors in place for a thriving area of commerce are almost too good to be true. A vibrant college on its border, situated at the intersection of two interstates, historical and architecturally significant buildings, a growing upper middle class population to draw from and a large group of mid-day employees who work at the court house and county facilities. Other business communities only dream of such possibilities.

            We know a lot more can be done with a lot less.  Take a stroll down Allegheny River Boulevard in Oakmont.  Spend an afternoon in the quaint village of Sewickley. Visit historic Morristown, New Jersey.  Take a trip to Niagara on the Lake in Ontario.  People come and they window shop and they spend money and they tell their friends and more people come…..

            One could argue that these examples have become destination locations because of an excellent bakery, battlefield, specialty shops or regional theater.  This is beside the point.  There is no reason that Washington cannot attract bookstores, cafes and even niche national retailers to fill its spaces.  All it takes is good planning, optimistic municipal officials and patience.  Parking fees and garages should be at the end of the debate.  A master plan that takes advantage of Washington’s many virtues must come first. 

             

THE POWER OF 32

FORGET THE POWER OF 32; LET’S MOVE AHEAD WITH THE POWER OF WASHINGTON COUNTY

The Power of 32 initiative seeks to revitalize “32 Counties in 4 States with 1 vision.”  It encompasses an area of 17,380 square miles with a population of over 4 million, including Washington County.  It is yet another example of a regional planning effort armed with eager young staffers, flip charts full of notes from local meetings and no place to go.  The Power of 32 has an impressive list of “partners”, almost all from Allegheny County.  Its 3.1 million dollar budget is funded by Pittsburgh foundations.  The goals are rather general and imprecise: create a shared vision; instill a sense of realistic optimism; inspire cross section leadership; connect people, communities and institutions.  Participants who attended local meetings were asked to share their views on challenges and goals.

            I attended a Power of 32 meeting in Washington and have followed their project online.  Nothing I have heard or read leads me to conclude that it will achieve any significant result that would actually make a difference.

 Getting a Somerset County farmer to find common ground with a Pittsburgh urbanite would be the impossible dream under the best of circumstances.  The wants and needs are too divergent. The political and community institutions have nothing in common. If there were one overriding issue that affected the region as a whole, perhaps the differences could be overcome to achieve a “win-win” for all 32 counties.  No such issue is readily apparent or in my view is being sought by the project.

            Where could 3 million dollars be spent to insure “the region’s best future”? How could these funds be spent to achieve “results” and not simply “optimism”? The answer is a focused and manageable project in Washington County.  Concentrate the resources in one political unit, where decisions can actually be made and deliverables achieved.  Instead of a glossy report that gathers dust on the corner of elected officials in 32 Counties in four States, a Washington County pilot project could achieve one or more of the following:

·         Develop and implement a detailed plan for Unigov (the Indianapolis Indiana model) in Washington County under which the City and County governments are consolidated into one political unit. Someone has to be the starter on this transition to save all of our cities/county seats, including Pittsburgh from going bankrupt and impeding our growth.

·         As part of the consolidation, work out and implement a plan to shrink the number of political units in Washington County, to combine functions and save money.  Address the sub issues of pensions, school districts and revenue sharing.

·         Develop and implement a detailed plan, to protect our natural resources while exploiting the gas fields and creating jobs.  These competing quality of life issues are on everyone’s agenda in the region.  Washington County is in the ideal position to find the answers by doing rather than studying.

·         Develop and implement a detailed plan to make our region a destination for recreation, vacations and retirement and pilot it in Washington County.  The pieces are already in place.  All that is needed is the appropriate media and funds to get the message out.

It is never easy to be the guinea pig on projects as momentous as outlined above.  If Washington County has the foresight to request foundation funds and the courage to change, we could lead the region into the next century with a work in progress rather than another plan.

           

           

           

           

            THE ART OF JUDGING

 In recent months many Pennsylvania lawyers have followed and attempted to explain to their family and friends the unfolding judicial corruption scandal in Luzerne County. (for background go to “Luzerne County Citizen’s Voice” and click on “Corruption”)  How could so few, perpetrate such a complex financial scheme, to deprive so many juveniles of their constitutional rights, for so long?  How did they escape detection?  What type of judicial culture would foster such behavior? Could it happen elsewhere?  How could real life in Luzerne County be more outrageous than Kindle County in a Scott Turow Novel?   

In many respects The Commonwealth of Pennsylvania mirrors the United States in its political formation and diversity.  Blue/urban on the east/west corridors with a middle that is decidedly red/rural.  Pennsylvia’s 67 counties range in size from Philadelphia with a population of 1,500,000 to Fulton, smaller than many municipalities at 14,200.  The size and complexity of the Court of Common Pleas are equally diverse. The largest, Philadelphia County has a President Judge, 4 Administrative Judges and 125 members on its bench.  The smallest, Fulton County has three part time Judges.  Luzerne County is near the middle with a population of 320,000 and 8 judges.

            Over my legal career, I have had the opportunity to closely observe our trial courts in the context of a large system (Allegheny County, 50 judges), where I worked as the Administrator of its Adult Family Division and a small- medium system, ( Washington County, 6 judges), where I now have a private practice.  The context in which judges operate is quite different in the two environments.  The odds that a litigant in Allegheny County knows anything of a personal nature about his assigned common pleas judge are slim.  In Washington County at least two thirds of my clients know the assigned judge personally or someone from his family or staff.  A sense of community is melded with the need for justice.

Allegheny County, along with its big brother, Philadelphia control much of what matters in the state wide judicial arena.  The court rules committees are dominated by Judges from these two counties. The appellate courts are dominated by their Judges.  This dominance spills over to the Administrative Office of Pennsylvania Courts (AOPC) and The Judicial Review Board, charged with administrating and enforcing Pennsylvania court activities.  Unfortunately, this large urban court prospective has not always encompassed the reality or needs of smaller county court systems. 

While the larger counties dominate state judicial policies and procedures, I would argue that Judges in smaller counties are more revered and exert more influence over their citizens.  In Allegheny County, given the numbers of cases involved, justice is swift and often impersonal.  The need to dispense quickly, to get to the next, outweighs the personal touch.  If you are lucky enough to receive accelerated disposition (ARD) of your drunk driving charges in Allegheny, you are one of hundreds in a cattle call proceeding that only reinforces for you the number of drinkers on the roadways.  The judge does not get to look you in the eye.

            On the other hand, it is fascinating to observe Washington County Judges issue orders and sentences.  Each pronouncement comes with a lecture or sermon designed to impact not only the litigant but his or her family, others seated in the courtroom, lawyers and the community. There is no confusion about how the law will be enforced or what will happen to you if you are unfortunate enough to reappear.  A judgeship in a smaller county elevates the individual to one of the most respected positions in the community.  The job is not simply deciding cases.  It is setting legal boundaries and mores that affect the fabric of the community.   

In Allegheny County a judges’ power base is limited to his immediate staff and courtroom. This is due to the large number of judges and the fact that the DA’s office, Public Defender’s office, Legal Aid and the Bar Association exert large power bases and influence in their own right.  In a large urban court system, these other institutions are checks and balances against judicial abuses.  Moreover, in Allegheny and Philadelphia the President Judge positions are administrative and unlike the convicted President Judge in Luzerne County, do not normally have assigned cases.

In Washington County, I have found that there is much less power sharing between the court and other offices involved in the legal system.  The court is “king.” The court is above petty differences.  The court takes the lead and others follow. 

            Luzerne County has a slightly larger population and judicial base than Washington County.  My sense is that the Judges in Luzerne commanded the same respect and standing as I have observed in Washington.  I am sure the public knew the offending judges well and had closely followed their careers.  The DA, Public Defender and local Bar Association (which have been highly criticized by the media for their failure to take action) had no history or reason to challenge the President Judge and his decisions.  This made financial corruption appear unlikely and difficult to confront once it took place.  The scenario is not unlike the long trusted bookkeeper who embezzles from the family business after twenty years of impeccable service.

            The ongoing investigation in Luzerne County represents the most significant example of judicial corruption in Pennsylvania’s long history. Just as terrorist attacks and oil spills foster responsive policies, the AOPC and Judicial Conduct Board will alter its administrative and disciplinary practices toward courts in the smaller judicial districts. I hope that these changes are able to provide checks and balances without disrupting the special relationship between judges and the citizens of smaller counties like Washington.