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Saturday, January 24, 2009

Clerk of Courts seeks to intervene in Ciavarella suit against commissioners

When will this circus ever be over. I wonder if this is the court clerk who will be going to the big house with Conahan and Ciaverella. Would that just be a hoot. He looks like he has something to hide.

Clerk of Courts seeks to intervene in Ciavarella suit against commissioners
Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter
WILKES-BARRE – Luzerne County Clerk of Courts Robert Reilly on Friday filed a petition seeking to intervene in the lawsuit filed by President Judge Mark Ciavarella that challenges cuts commissioners made in the court’s 2009 budget.
The petition, filed by attorney Peter John Moses, argues that decisions affecting the funding of the court system directly impact the operation of his office. It seeks to grant Reilly the right to take part in various court proceedings related to the lawsuit.
Reilly is upset by the commissioners’ decision not to fund four positions within his office. The loss of the positions has left his office incapable of fully meeting its responsibilities and has “threatened the adequate administration of justice,” the petition states.
The clerk of courts handles the filing of criminal cases and associated duties, including collecting and distributing court costs and restitutions, collecting and returning bail money, certifying and distributing court orders and the scheduling and conduction of hearings and other proceedings, the petition says.
“If the clerk of courts is unable to timely file documentation of criminal cases, alone, for example, trials may not be timely scheduled and criminal defendants could be released and charges dismissed for a lack of a speedy trial,” the petition says.
Ciavarella filed suit against the county, its commissioners and salary board in December. The suit contends personnel cuts the commissioners made to the court’s 2009 budget will impede the administration of justice.
Senior Judge C. Joseph Rehkamp of Perry County, who was specially appointed to preside over the case, issued a preliminary injunction barring commissioners from implementing cuts in court branches. That order did not protect the clerk of courts office, however, because it is funded out of the county’s general fund.
Moses said a hearing will be scheduled at which Rehkamp will hear evidence and rule on whether Reilly’s office can intervene.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

I wonder oif this is the same county clerks office that screwed up on the charges for Bryan Kocis. I would think that they might want to keep their mouths shut and not draw attention to the fact that they are incompetant. I was reading some of the comments left at the timesleader with regards to the pending arrests and I can only say that Luzerne County is not kind when it comes to saying how they feel about those Judges.

This is Elmysterio and I'm out

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