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Lackawanna County President Judge Munley testifies before federal grand jury

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Lackawanna County President Judge Thomas J. Munley testified on Tuesday before a federal grand jury about the inner workings of the family court and the abrupt firing of Senior Judge Chester Harhut's law clerks in 2011, sources said.

Judge Munley, who was sworn in as president judge in 2011 after taking over for then-President Judge Harhut, is not a target of the grand jury inquiry, said sources, who asked to remain anonymous.

Judge Harhut, who is no longer a full-time judge and is in senior status, is out of town, a court official said.

Reached by phone Wednesday night, Judge Munley said he cannot comment about his appearance before the grand jury because he was ordered by the Administrative Office of Pennsylvania Courts, an arm of the state Supreme Court, to stay silent.

"I cannot comment on this. I'd like to comment, but I can't," the judge said. "I will not comment on anything by order of them. … I got strict orders not to say anything."

However, sources told The Times-Tribune the testimony was related to the firing of two law clerks in Judge Harhut's office and other workings of the family court.

Judge Munley's testimony comes two weeks after family court's sole-appointed and paid guardian ad litem, Danielle M. Ross Pietralczyk, was indicted by a federal grand jury on charges of tax evasion and filing two false federal income tax returns stemming from her failure to report payments she received from parents.

She has pleaded not guilty and has been suspended.

The FBI and IRS began a far-ranging investigation of the guardian ad litem program, which involves the court appointment of an attorney to represent children in parental disputes, in 2011.

Several family and other court officials were subpoenaed at the time.

The clerks, Patricia Rieder and Judith Lettieri, were fired on Oct. 18, 2011, by court administrator Ronald Mackay, just days after they were subpoenaed to testify before a grand jury looking into the family court's guardian ad litem program, according to sources and documents obtained by The Times-Tribune.

Ms. Lettieri was subpoenaed on Oct. 14, 2011, to testify before the panel at the federal courthouse in Scranton on Nov. 15, 2011, according to the subpoena obtained by the newspaper.

It is not known if the clerks appeared before the panel.

FBI agents executed a search warrant on Mr. Mackay's office on Nov. 14, 2011.

Court officials have been tight-lipped over the firings and have refused to discuss why they were dismissed.

Asked about the firings soon after, Judge Harhut told The Times-Tribune then, "Whatever happened, Ron (Mackay) did it."

At the time, Mr. Mackay declined to answer any questions.

"I can't say anything about whatever it is you're talking about," Mr. Mackay said. He added, "Personnel matters ... and I can't say anything at this point."

Judge Harhut said Mr. Mackay came to him and announced, "They're violating the rules." In the termination letter obtained by the newspaper, Ms. Lettieri was accused of violating confidentiality rules and not filing forms related to sick and vacation time.

"If there's a violation, you do what you have to do," Judge Harhut said he told Mr. Mackay.

"I was shocked the way it went down," he said, and added he would have preferred they had resigned.

Judge Munley has said he was never made aware the clerks were going to be fired, nor did he have any idea why.

Weeks later, he reinstated them.

"You were separated from court service during my absence and without my authority. Following my internal inquiry into the circumstances, I have concluded that ... your discharge was inappropriate," he wrote in a letter to Ms. Lettieri, dated Nov. 7, 2011. "I apologize for any distress these actions may have caused you. Your pay and benefits have been restored on the basis of unbroken service."

In May of 2012, the state AOPC agreed to pay Ms. Rieder $29,855, Ms. Lettieri $22,000 and their Philadelphia attorney Alice W. Ballard $15,000. No one was willing to explain why the women received the lump sum payments.

Ms. Rieder is running for county judge this year.

Efforts to reach Ms. Rieder and Ms. Lettieri were unsuccessful on Wednesday. Reached by phone Wednesday night, Mr. Mackay declined to answer questions when asked about the firings, the grand jury inquiry, and Judge Munley's testimony before the panel.

It is not known if Mr. Mackay is the subject of the grand jury probe.

Contact the writer: smcconnell@ timesshamrock.com, @smcconnellTT on Twitter


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