Judge Candidates Face Bar Scrutiny

The candidates for judge of the Court of Common Pleas of Lycoming County met April 29, for a forum sponsored by the Charles F. Greevy, Jr. American Inn of Court.  The forum took place at the regular meeting at Orlando's in Muncy, and was well attended by members of the bar.

Candidates Marc F. Lovecchio, Joy R. McCoy, Joseph F. Orso, III, and Scott T. Williams were introduced by members of Judge Brown's team.  Judge Brown and each member of his team then posed questions, which were answered by each of the candidates.  Members of the Lycoming County bar were then allowed to direct questions to the candidates.  The forum offered a unique opportunity for the candidates to address issues of particular interest to the bar.

Here is a brief summary of the questions asked and the candidates' responses:

• How do you propose to improve the speed of disposition of criminal cases?

Lovecchio - Delays are "the nature of the beast."  Perhaps earlier court intervention would improve disposition time.

Orso - More judicial time should be allocated to criminal court.

McCoy - The earlier the judge is involved, the better.  Also, more judicial time may be needed in criminal court.  Stability is essential - that is the problem is family court, now.

• How would you address the misuse of the courts to obtain an advantage in a civil action - example, filing a PFA where not warranted?

Williams - Recognizes that this happens as he has used a PFA to his advantage in his practice.  If the PFA is made reciprocal, the practice may stop.

Orso - The court needs to weed out people who abuse the system for procedural advantage or financial gain.  He sees this in civil practice with frivolous motions.

McCoy - Abuse is less likely to happen in Lycoming County because judges hear the first abuse hearings.  In the case of PFAs, the judge needs to examine the PFA case closely.

Lovecchio - The problem is not new.  The judge needs to take a long hard look at the case before granting relief. 

• Do you oppose mandatory minimum sentences?

Orso - No.  His job as judge is to enforce the law.

McCoy - She will impose.  Agrees they can work out badly at times.

Lovecchio - Philosophically he has a problem with mandatory minimums; but, since they are the law, he will impose, when required.

Williams - No.  Judge needs to apply mandatory sentence regardless of personal beliefs. The Legislature has balanced law and justice.

• How will you support the pro bono representation of the indigent?

McCoy - The court system would not work without lawyers doing pro bono work.  She supports Legal Services.

Lovecchio - It is the responsibility of every attorney to give back to the community.

Williams - He agrees that pro bono work is important.  He has not done much of it.

Orso - He agrees that pro bono work is important.

• Should judges be chosen by merit?

Lovecchio - It is impossible to take the politics out of judicial selection - merit selection has politics too.  He is disappointed that some voters look only to the party of the candidate, and not the qualifications.

Williams - Election is a popularity contest.  Merit selection is not necessarily better.  Not worth the risk of trying to change the system.

Orso - Election system is not perfect - but better than merit selection.  Political bosses select judges in merit system.

McCoy - Believes that he public does not know the qualifications of the candidates.  Election process has got to be improved so more relevant information gets to the voters.

• How would you like to see yourself grow as judge in your first 4 years?

Williams - Wants to see himself grow from a situation where he knows nothing to where he knows what to do and has developed consistency.

Orso - His biggest learning curve is in the family law area.

McCoy - Wants to mature into a well respected judge who is approachable and has command of the courtroom in a respectful way.  She believes she could do more in the community, as a judge.

Lovecchio - He has made a list of 25 things not to forget once he becomes judge (be efficient, don't forget what it's like to be a lawyer, remember the circumstances of the litigant, etc.).  He will be more patient.

• How will your lack of experience in certain areas of the law affect your ability to be a fair judge?

Orso - He will do what Judge Gray did to adapt.  He has 22 years of trial experience that will help him.  He will get a good clerk.

McCoy - No member of the bar knows everything.  She would follow Judge Gray's example.  She would propose no judge rotation and that she handle the Family Court work, which she knows well.

Lovecchio - He has experience in every area.  He could sit as a judge in any type of case, tomorrow.

Williams - He has experience in many areas.  Fairness is a character trait: he will apply common sense and integrity.

• Where are the inefficiencies in the court system, and how would you eliminate them?

McCoy -  In Family Court there is a great deal of inconsistency, which some attorneys use to their advantage.  She would get everyone in the system on the same page.

Lovecchio - He would have one judge handle all family court matters with one family, from beginning to end.  In criminal court, there is a lot of waiting around.  He would work on scheduling issues. He believes the new civil scheduling process addresses wasted time with scheduling conferences.

Williams - Our county is doing well - few problems.  Civil case scheduling changes are good.  The number of steps in family court are frustrating.

Orso - Civil case scheduling changes are good.  Would like to implement conference calls to resolve discovery disputes.  Criminal court is doing ok.

• Should magistrate judges take DUI guilty pleas?

Lovecchio - Difficult to implement.  Doesn't like the idea of sentencing at that level.

Williams - Yes.  He recognizes problems with sentencing procedures.

Orso - No, not practical.

McCoy - Has no opinion, but likes the idea of thinking outside of the box.