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First Posted: 7/4/2008
By Terrie Morgan-Besecker [email protected] & Order Reporter
HARRISBURG – Luzerne County Judge has filed a second motion seeking to reopen her misconduct case, arguing the proceeding was tainted because a Judicial Conduct Board member has a financial relationship with a county judge who testified against her.
The motion filed with the Court of Judicial Discipline asks the court to dismiss or reopen the case so the relationship between Luzerne County Senior Judge Michael T. Conahan and Patrick Judge, former chairman of the Judicial Conduct Board, can be more fully examined.
The filing comes two weeks after Lokuta filed a separate motion asking the board to reopen the cases based on newly discovered information that Conahan had financial ties to several other witnesses. That motion was denied on June 18.
In the latest motion filed on June 27, Lokuta notes Judge was a member of the Judicial Conduct Board when it voted in October 2006 to file misconduct charges against her based on allegations she mistreated her staff, attorneys and others who appeared before her. Numerous witnesses, including Conahan, testified at a trial held before the Court of Judicial Discipline over several weeks in September, December and January.
Lokuta’s attorney, Louis Sinatra, said Lokuta only recently learned Judge had financial ties to Conahan. Statements of financial interest filed by Conahan and Judge show they both have an interest in Trans Med, an ambulance company in Forty Fort, and MCJ Holdings, a Florida corporation.
“This connection between Judge Conahan and Patrick Judge is evidence that this entire case against (Lokuta) has been tainted … ,” the motion says.
Francis J. Puskas II, deputy chief counsel for the Judicial Conduct Board, said the motion was merely a “desperate attempt” by Lokuta to reopen the case because she is concerned about how the trial transpired. The court has not yet issued its opinion in the case.
Puskas said the financial relationship between Conahan and Judge, an executive with Keystone Automotive in Exeter, is irrelevant because the complaint against Lokuta was filed by her former secretary, Susan Weber, not Conahan.
“Whether or not Judge Conahan and Patrick Judge have a financial connection has no relevance to whether Patrick Judge can be impartial in examining the allegations made by Judge Lokuta’s secretary,” Puskas said.
Puskas also noted Judge was one of 11 members of the board who voted to file the charges.
Puskas said he expects to file his response to the motion on Monday. He’s confident the board will deny Lokuta’s request.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179