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Nazareth, Pa., United States

Monday, November 05, 2007

Northampton County's Mini-Judge Races

After spending most of the last two weeks discussing the mudslinging in the Northampton County Council races, you might think that's the only show in town. But we will decide many other races on Tuesday, including new mini-judges in Nazareth and Easton. In this post, I'll describe both races.

What is a mini-judge? I've talked about this before, but it's worth repeating. "District Justices have jurisdiction over minor criminal offenses, traffic offenses, landlord/tenant matters and other civil actions where the amount claimed does not exceed $8000.00. In misdemeanor and felony cases, District Justices have jurisdiction to issue arrest and search warrants, hold preliminary arraignments and preliminary hearings and set bail. They also have authority to perform marriages, handle protection from abuse matters and issue subpoenas. They also may impose summary punishments for criminal contempt." I have the record for most overtime parking tickets in Nazareth, so I know the office very well. Although the annual salary for this position is $74,566, most magistrates consider themselves part-time workers.

Nazareth Magisterial race: John Capobianco is a vote for common sense

Back in the primary. Falcone made the mistake of posting a comment on my blog that, among other things, attacks me. Can't fault her for that. If anything, that's probably in her favor. I am a miserable bastard. But she also said this about herself. "I graduated from Moravian College ranked 10/365 with a 3.88 GPA. ... I cannot denounce a good scholastic record. I was also ranked 5/118 at Pen Argyl High School. Academically and in legal qualifications/experience, I far surpass my opponents." Seriously, who the hell remembers how they were ranked in high school? That should set off a few bells and sirens.

Now she's telling folks she's a "current arbitration panelist issuing actual judgments in civil cases." In other words, she's already basically a judge.

In truth, every lawyer sits on three-lawyer arbitration panels from time to time. I did it, too. And contrary to what Falcone claims, they have no power to issue judgments. Their awards are meaningless in the event of an appeal. You can execute on a judgment, but can't do diddly with an arbitrators' award. After getting those high grades and twelve years of "practical legal experience," you'd think Falcone would know that little tidbit.

In sharp contrast to Falcone, John Capobianco is a graduate of the School of Common Sense. Most lawyers seem to lack that trait, but it's essential to keep the peace in a smaller court. That's why Elmo Frey was such a good magistrate. That's also true of nonlawyer John Gombosi, who kept the south side of Bethlehem from exploding for many years.

John would like to relocate the magisterial office to Nazareth's new municipal center. That will result in a public, instead of private, landlord. Concerned about the proliferation of drugs and gangs, he'd visit classrooms on a regular basis to explain the problems caused by both. He'd be a visible presence in the community. Cap tells me he will seek no other job if elected as magistrate. He won't try to supplement his income.

Easton Magisterial Race: Flip a Coin

Easton's magisterial seat consists of Williams Township, Glendon Borough and Easton's south side. Residents there are very lucky to have two class acts running for mini-judge - Easton council member Dan Corpora and Attorney Brian Monahan. But they're unlucky because they can only elect one.

Corpora, an affable and soft-spoken Easton leader, detested the mudslinging directed by Tom Severson at Monahan during the primary and publicly condemned it. "That type of politics is what turns voters off from the whole process." When approached by Severson, Corpora refused to hire him.

Before the primary, Corpora lacked a certification, but earned that last month. Corpora promises to bring a "common-sense" approach to the job, and that is the layman's perspective. But Monahan, instead of hauling out diplomas and class standings, quietly speaks of protecting the legal rights of everyone in the community. As a matter of full disclosure, Monahan represented me when I sued the county over its megabond. He never charged me a nickel.

I don't feel I have a right to make an endorsement in this race, except to say that I'd be happy with either candidate.

17 comments:

Anonymous said...

Sounds like Bernie is upset because he went to the school of sticks and stones will break your bones and names I call you will hurt you. What was your class rank BOH, or didn't they go below the Mendoza line? Yvonne Falcone is an asset to Northampton County and unlike the manner in which BOH treats people he doesn't agree with, Yvonne Falcone will serve and administer equal justice to all whom enter her court.

Anonymous said...

Dear Anon 8:11 and/or Yvonne

I don't think you quite get it, do you? When you are a judge, an impartial judge, you don't view other people as being above or below you. You treat each person as an equal. If you have to bring in class rank into a judicial race, you haven't matured since high school, have you? Ranking people is not judicious behavior is it? On one hand you say she "will serve and administer equal justice to all", but then judge yourself against others with ranking. You just don't get it. That's why John will win.

Bernie O'Hare said...

Anon 8:11,

I saw firsthand how Falcone treats people she disagrees with them. Can you say injudicious?

As far as my own class standing is concerned, I honestly have no recollection how I did in high school or college. But I remember how I did in law school. It seems Falcone does not.

Anonymous said...

Did you ever get your law degree Bernie? I thought you worked in the courthouse for the county. I guess I really don't know you.

Bernie O'Hare said...

Anon 3:22,

Although I work at the courthouse, I work for myself. I am a title searcher. If I worked for the county, I would have been fired long ago, and for good reason. And yes, in another life, I had a law degree. I am also an alkie, and lost my law license for that reason.

House of Crayons said...

My vote goes to my friend Dan Corpora. And not because I call him friend (I consider Mike Fleck a friend and voted against him for Mayor).

Dan has common sense and is level headed when engaging other humans.

I know a lot of people think that their tempers and aloofness are endearing qualities, but a truely resposible advocate of the people can't be quirky.

I found Brian Monahan to be snug and arrogant when engaging common people.

Let's hook up for lunch tomorrow Bernie.

Bernie O'Hare said...

Sounds good. Drop me an email - BOHare5948@aol.com

Anonymous said...

house of crayons ...hit it on the head.

Monahan IS smug and arrogant, and oddly - for no good reason. The man has neither the professional excellence, nor the community standing to do so.

Perhaps that has much to do with his cushy seat as twp solicitor in one of the townships. I've done a little research, and it seems he's been called on more than just a few issues (in terms of questionable legality) - not just in his practice, but the apparent arrogance in governing that - from what I've heard over and over again - seems to be the norm in Williams Township. I've spoken to alot of folks living in that township - and there are many folks who are seriously disgusted with the idea of this smug little (NON-ELECTED) solicitor running as District Judge - mini tho it may be.

Dan Corpora's run as an elected official for now his second term - his commitment to his community has already been tested, and from the sounds of things - he's passed with flying colors.

The true test of the pudding - is talking to the people for whom these guys have already "served". When S.side folks are still beaming about Corpora - and how honest he is, and Wms Townshp folks are rolling their eyes and shaking their heads when you mention Monahan - that's about as good a straw poll as you can get!

Frankly, I don't get the sense that Monahan is a straight up guy at ALL. And, apparently, a few others who know him well - more than agree.

Anonymous said...

In the name of FULL DISCLOSURE: B

Bernie - call me crazy - but didn't you yourself say that when you hired Monahan to represent you with the case - he ended up giving you the shaft, letting you do all the work and prepration and never doing a damn thing?

"And he didn't charge me a cent"

Imagine that.


And, what happened to the IN-DEPTH digging we were promised about WHO HAS CONTRIBUTED TO MONAHAN's CAMPAIGN????


A wealthy Rieglesville landowner is one. That's a given. There's been no secret about the fundraisers held at the Rglsville homestead for Brian.

AND -- Look closely, behind the curtain, and you may detect Ashley Development - but you'll have to look two or three donations removed.

But, even more interesting - is that the wealthy Rieglesville landowner is - as we speak - attempting to change his zoning status to turn a 2-4 acre rural/residential open space plot on the main drag in Rglsville to commercial, so that he can "BRING PROGRESS TO RIEGLESVILLE" - aka: a strip mall.

Guess who his representing attorney is? Yep, you got it. The little guy running for District Judge.

Quid - pro - Quo?

Great start for judgship.
Cronyism - the early years.

Anonymous said...

anon 6:08 -

I agree. good points.

I think the best test of a good guy is the people he works for now.

I came across this in my cyber travels - sadly, not soon enough.

http://www.vote4honesty.blogspot.com


I went to one of the 'meet the candidates' night meetings where someone posed the question to Monahan whether or not he would consider taking the PA Supreme Court's Magisterial District Judge certification.

He scoffed with a smug little smirk that sent a clear message of, "I'm the only ATTORNEY running here - why would I waste my time doing that?"


I've sed it afore, 'n I'll sey it agen: a defense attorney does NOT a good judge make.


TAKE THE CERTIFICATION COURSE, ya arrogant little turd!

Or, don't you think you owe the voters at least that much to prove your commitment?

I don't think he gets it. 'Voters? Who the hell are those pesky little pions?'

I get a bad feeling about that guy.

Bernie O'Hare said...

Anon 6:24,6:08:

First, Monahan and I had both a personal and professional arrangement. It ended badly. I am just as responsible for that as he. I was never charged a dime. Because of this background, I should not be making a call in this matter. I did in the primary, but think that was a mistake.

Second, you claim I promised "IN-DEPTH digging we were promised about WHO HAS CONTRIBUTED TO MONAHAN's CAMPAIGN???? The promise I made, and the in-depth digging I did relates to the county council races. Go back and read the post.

Third, I assume you are speaking of Pektor. His relationship w/ Monahan is no secret. They've been friends for many years.

Fourth, a Pektor contribution woukld be relatively inconsequential in a DJ race. I'd love for you to tell me how a magistrate could help a developer.

Fifth, more troubling than the connection to Pektor is the large number of local attorneys who contributed. These will appear regularly in front of Monahan. There, you could argue there is an attempt to buy influence. On the other had, the argument can also be made that these lawyers respect Monahan's legal ability.

Finally, I'm totally blown away by your attempt to smear Monahan when the polls are only open for one more hour. What the hell did you gain by that? You just made yourself look pretty bad.

I know Dan would not approve of the course of action you've taken here. Let this play out. From what I understand, Monahan may have been smug at the NAACP forum. If this is true, he'll pay the pricew in the ballot box. You and I both know this is Corpora's race to lose.

Anonymous said...

Why is it that the few times I visit and read your commentary, paranoia seems to be the consistent theme? ..and always seems to assume that any contentious opinions must be a 'smear' campaign?

If this were a 'smear' campaign, wouldn't you think it would have been planned a little earlier?

Get off the paranoia horse, Bernie.
And don't make a judgment call about whether his opponent would approve or not. This isn't his commentary. It's mine.

This is an open forum. And a forum for opinion-based commentary.

I was responding to several other contributors' posts who said the very same thing.


More importantly - at this stage of the game, if a voter has educated hisself a tad about the candidates, spoken to more than a few folks who have been on the receiving end of the candidates' public investment, and gathered a little more than a pinhead's breadth of information to hopefully make an informed voting choice, then you will have developed an opinion.

As to your commentary about whether a DJ's position could offer anything to help a developer, you are naive to assume that any placement of a person - who has, in the past, responded to cronyism - in a judgeship position, would have no influence on calls addressing subtle issues of interest in the boroughs or townships, and on which he has sat for years.

Much as you continue to make this diminutive 'little mini judge' race a minor issue, there is no question it serves as 1) an opportunity to flex a few muscles besides traffic tickets (take a look at the things the local municipalities have requested of sitting District Judges - ask a few current ones, to be sure) and 2) a stepping stone to bigger (developed) pastures.

And, by that, I am most certainly not (nor do I believe that the Barr Assoc. members are) inferring that he is a man outstanding in his field - but, perhaps, more appropriately, a man out standing in a field ...albeit a few cowpies short of home plate.

[It's been my long-term experience, never underestimate the little league players. While you're busy watching the Big League Home Run Hitter at the plate, the little guy on second base is slowly slithering toward home...]

Not to mention, the obvious non-sequitur: is your comment meant to assume that just because one assumes he CAN'T offer anything of help to his cronies, the very idea that he might is moot? Isn't the point of the issue ...integrity? ...not opportunity?

Seems to me, and correct me if I'm wrong, but it's less about: trusting someone simply because 'the job won't let him' than it is about choosing the right man because he wouldn't consider it - even if the job gave him the opportunity!


(As to your 'work' with Monahan, I'm scratching my head on that one. I simply find it amusing that you started off last spring being quite candid about your opinions, then suddenly changed your tune. Oddly enough, your opinions seem to be laced with 'cautious optimism'. ["Wasn't charged a dime.. (...for doing my own work.)" fixd] Forgive me, but WTF? Since when are Bernie's comments laced with 'cautious optimism'? Sorry, it just appears to be about 2 centimeters from sincerity.)


Bottom line...
When a contender runs for public office, then speaks in a public forum, he has essentially put, not just his face out there, but his long-term mark on the community he/she has served (good and bad). It's up for grabs. You run for a voted position, you answer to the public.

And, if at a public forum, you have already shown your irritation at having to 'answer to the public' - to me, that in itself speaks VOLUMES. It says: here is a guy who has never been voted in a public seat, is not used to having to answer to the public, and is obviously irritated at having to do so. Hmmmm. It's as if he's assumed all he needs is a few wealthy buddies, and he's got a newfound little power trip - in the bag! And we want to give the guy a gavel?

Not a great start for serving the public. Couple that with a proven pattern for cronyism - be it development or the lawyers-in-waiting - either one doesn't make me (nor should anyone) feel too comfortable.

But, then again...


that's just my opinion.

Bernie O'Hare said...

You're right. It is just your opinion.

I decided, between Spring and now, that it's inappropriate for me to advocate a candidate in that race. In other words, I was wrong to do so in the Spring.

As far as paranoia is concerned, try looking in a mirror. You completely slammed Monahan, anonymously, and unfairly. According to the IP on my sitemeter, you're posting comments agreeing with yourself.

And your supposed idea that a Pektor contribution means that Monahan is somehow tainted is complete bullshit. As a member of the minor judiciary, about the best pektor could hope for is leniency on a traffic citation, if that. More troubling is all that lawyer money, but you have your mind made up and I won't stop you.

Anonymous said...

"....this is Corpora's race to lose?"



open mouth, insert dirty bicycling sneaker?

or is that just the bi-polar take????

Bernie O'Hare said...

No, It's just reality, something you should try sometime. Monahan had an uphill battle. He and Dan acted like gentlemen, and the only garbage from that race is what you posted here, anonymously.

Anonymous said...

uh, I think you got the wrong anony-er, Bernie.


just happened to notice your comment.

(btw, i know them both personally. and one of them is, indeed, a gentleman.)

Bernie O'Hare said...

Anon 5:50, Sorry for mixing up the anons.