Posted on 03/14/2009 6:39:05 AM PDT by Born Conservative
In a terse one-sentence letter dated Thursday, Mark A. Ciavarella Jr. informed Gov. Ed Rendell that effective the close of business Monday, he would no longer be a Luzerne County judge.
The announcement brings the former president judge another step closer to the end game, likely 87 months in a federal prison.
Ciavarella could not be reached for comment. His attorney, Al Flora Jr., declined to comment on the motive behind the letter or Monday’s target date.
“The letter speaks for itself,” Flora said.
Ciavarella, of Kingston, pleaded guilty to accepting $2.6 million in kickbacks related to juvenile detention center contracts. A plea agreement that calls for 87 months in prison is being reviewed by Senior U.S. District Judge Edwin M. Kosik.
Senior Judge Michael T. Conahan, of Hazleton, agreed to a nearly identical plea agreement for his involvement in the kickback scheme. The judges have agreed to plead guilty to tax evasion and to devising a scheme to defraud the public of its honest services.
Conahan is not required to resign since his senior judge status has been revoked. Neither he nor Ciavarella have been assigned cases since charges were brought against them.
Luzerne County President Judge Chester Muroski said the timing of Ciavarella’s resignation is “unfortunate.”
“Had it come earlier, this position could have been on the ballot,” said Muroski, who was elected by fellow judges to replace Ciavarella as president judge.
Chuck Ardo, spokesman for Rendell, said he was unsure what prompted Ciavarella to offer his resignation now, “but it was certainly the right thing to do.”
Ciavarella’s resignation allows Rendell to name an interim replacement until an election is held. Though a replacement could be named this year, the election to permanently place someone on the bench won’t come until 2011. Had Ciavarella’s resignation been made on or before Jan. 2, his seat would have been placed on the primary ballot in May, according to Charlie Young of the Pennsylvania Department of State.
Muroski said he will write and send a letter to Rendell on Monday, urging him to expedite the process of appointing Ciavarella’s temporary replacement.
“This court is laboring,” Muroski said.
Ardo said the governor will seek qualified candidates through the typical channels – recommendations from the bar association, elected officials and those expressing their interest to the governor’s office. With 17 candidates already on the May ballot trying to secure three seats on the bench that will open next year, many candidates may have taken themselves out of the running for the temporary position.
“The governor’s general policy is not to appoint anyone who will run for reelection,” Ardo said. He said the governor recognizes an incumbent has inherent advantages, and he doesn’t favor helping a particular candidate out in that way.
Ardo wouldn’t rule out the governor appointing one of the 17 candidates already with their hats in the ring but said the odds were against it.
“It’s possible but not likely,” Ardo said.
It happened last year when Rendell appointed Joe Musto to “temporarily” fill the seat of Conahan after Conahan retired and was named a senior judge. At the time, Musto said he would not seek to run for Conahan’s full 10-year term that is on the ballot this year.
He later announced he was running for a full 10-year term but not for Conahan’s seat. Instead, he said, he was seeking one of the other two seats on the ballot that came open after he was appointed – that of former Judge Ann Lokuta, who was removed from the bench, and Muroski, who will reach the mandatory retirement age of 70 this year.
Oops; bad headline. He wasn’t an ex-judge UNTIL he quit. But he’s been off the bench for several months....
Democrat?
Of course!
Gee ... that's a tough call ... eastern Pennsylvania? ... could be Amish.
I shouldn’t have even asked.
Western PA should seceed.
And they just can’t understand the timing of the letter! I’m so glad there is no dishonesty in the democrat party and the media which cheerleads for it.
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