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The state Auditor General released a report Wednesday noting a failure to issue warrants in a timely manner at the offices of Magisterial District Judge Martin Kane.
Kane’s simple written explanation included in the report: Inadequate staffing to keep up with demand.
The report, called an “Attestation Engagement,” examined receipts and disbursements at Magisterial District Court 11-2-01 in Wilkes Barre for the period from Jan. 1, 2011 to Dec. 31, 2013. The review included a check on compliance with certain state law provisions.
The report found “inadequate arrest warrant procedures,” noting “warrant procedures established by the Magisterial District Judge Automated Office Clerical Procedures Manual were not always followed.”
Warrants are used to collect money on traffic and non-traffic cases when fines aren’t paid as required, to arrest a defendant, to collect fines and costs once a case has been disposed, and to collect collateral for a trial, the report notes.
The Auditor General’s Office tested “49 instances in which a warrant was required to be issued” and found “nine were not issued timely and three were not issued at all.
“In addition, of 46 warrants required to be returned or recalled, seven were not returned or recalled, and 14 were not returned timely.”
Kane, who is retiring this January after 30 years on the bench, offered a short response included in the report:
“This occurred when I lost two major personnel to retirement. Presently I am down one secretary as of this letter to our office. Because of this it sets this District Court back in processing warrants and civil complaints.”
The report noted “the failure to follow warrant procedures could result in uncollected fines and unpunished offenders.”
It recommended the office review reports for warrants daily and take appropriate action required by the manual. It also recommended “the court review warrant control reports and notify police or other officials to return warrants that are unserved for 60 days for summary traffic and non-traffic cases as required by the manual.”
A person at Kane’s office said he was unavailable Wednesday afternoon.
Magisterial District 11-1-02 encompasses the East End, North End, Parsons, Miners Mills and Heights sections of the city.
Thomas F. Malloy, of the East End, is expected to fill Kane’s district judge post when he runs unopposed for the position in November.
Malloy earned nominations on both the Democratic and Republican ballots in May, easily defeating his two opponents, including Kane’s son Jared M. Kane.
The job this year pays $88,290.
