Posted on 01/06/2004 7:55:07 AM PST by Born Conservative
Pazuhanich takes office in Monroe County
By KEVIN AMERMAN and AARON APPLEGATE Special to Times Leader
STROUDSBURG - Mark Pazuhanich, who is facing charges of child molestation in Luzerne County, officially became a Monroe County judge Monday. But he won't get to hear a case until his own legal troubles are resolved, said Monroe County's head judge.
Pazuhanich, who's been charged with fondling a 10-year-old girl while intoxicated at a teen pop concert in Wilkes-Barre in November, was sworn in as Monroe County's sixth judge on Monday by a Smithfield Township notary public.
Stroudsburg attorney Jane Roach delivered the paperwork showing Pazuhanich took the oath of office to the Monroe County Courthouse at about 2:30 p.m. Monday. He officially became judge when George Warden, the county prothonotary and clerk of courts, filed the paperwork into courthouse records.
Roach doesn't represent Pazuhanich but said she handled the paperwork as a favor for Pazuhanich's lawyer, John Carroll Rogers of Philadelphia.
It's not clear when Pazuhanich, who was Monroe County district attorney until Sunday, will report for work, but when he does, he won't be getting any cases.
"I have no immediate plans to assign cases to him pending the resolution of these events," said President Judge Ronald E. Vican.
Vican said he has no authority to suspend Pazuhanich.
"All I can do is assign or not assign cases," he said.
That means that although Pazuhanich may be restricted to administrative duties, he will still earn his $121,809 salary.
At the state level, the board that could discipline Pazuhanich isn't ready to intervene.
"We are monitoring the situation closely," said Joseph Massa Jr., chief counsel for the state Judicial Conduct Board. "But at the present time the board has no authority to take action."
Massa said the board, which investigates complaints against judges, must wait for the outcome of Pazuhanich's case in Luzerne County court.
"Our procedure is to allow the charges to run their course," Massa said. "To be fair to the prosecution and the defense we are not going to interfere."
If Pazuhanich were convicted, the Judicial Conduct Board would recommend a punishment to the state Court of Judicial Discipline, which would actually decide his fate as a judge.
After Roach delivered Pazuhanich's papers to the courthouse Monday afternoon, a buzz ran through every floor of building. People wondered if Pazuhanich will show up for work today.
"I don't know," Roach said. "I have not spoken to him myself."
Pazuhanich did not answer phone calls or come to the door of his Marshalls Creek home for comment Monday.
Roach said Pazuhanich is out of the alcohol rehabilitation center that he entered last month, but she doesn't know where he is.
She said she delivered Pazuhanich's oath papers to the courthouse as a favor to Carroll, a family friend she has known since she was a teenager.
"John Rogers Carroll is one of my oldest and dearest friends," said Roach, who worked for him while she was in law school.
She said she assigned a staff member to the task, but decided to do it herself after media members swarmed her building.
"I think members of the press are generally cordial, but overwhelming," she said. "The only fair thing was for me to take them over. I did it as a courtesy to a good friend of mine."
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