Five candidates with a wide breadth of legal experience are vying to become the newest member of the Lackawanna County Court.
They include two magisterial district judges, two attorneys and a special hearing master who are competing to fill an open full-time seat on the county bench after Senior Judge Chester Harhut was forced to become a part-time, senior judge because he reached the state's mandatory retirement age, 70.
The candidates are: Alyce Hailstone Farrell, 45, a district judge whose office serves Central City Scranton and the Hill Section; James A. Gibbons, 55, a district judge in the Abingtons; P. Timothy Kelly, 54, a Scranton attorney; Patti Grande Rieder, 46, a special hearing master in county court; and Donna Davis Javitz, 52, an attorney.
All have cross-filed as Republicans and Democrats. Voters will be able to choose one candidate in the upcoming May 21 primary.
The candidates were asked by The Sunday Times what they believe are the most glaring weaknesses of the county court system, and if they believe the county public defender's office is providing fair and prudent representation of indigent clients.
They were also asked if they believe the guardian ad litem program has fairly represented children in parent-custody disputes.
System weaknesses
On the question of weaknesses in the court system, Judge Farrell said the "structure of the court system is sound."
"I'm proud of our court system," she said.
Judge Gibbons said the newspaper's question "presumes that there are glaring weaknesses in the court system."
"I see many strengths in our system," he said. "Innovations such as drug court, mental health court, truancy and juvenile court demonstrate that our county court has evolved to meet many challenges and still dispense justice firmly but evenly."
Mr. Kelly pointed out a backlog of civil cases.
"There is an old maxim, 'Justice delayed is justice denied,' " he said. "From the time a civil case is placed on the trial list, there is approximately a one-year delay until the case is actually heard by a judge."
Ms. Rieder said the biggest problem is the guardian ad litem program, particularly a lack of oversight by the court regarding caseload and billing practices.
"This problem is compounded by the fact that there is a sole guardian ad litem, making the ability to effectively manage an excessive caseload almost impossible," she said.
Ms. Javitz said any court system, not only Lackawanna County Court, can improve its communication with the public and news media.
"The ability of the court to communicate with the public is critical to the public perception of the court," she said.
Public defender
Regarding the public defender's office, Judge Farrell said it "provides an invaluable service to the residents of Lackawanna County."
Judge Gibbons said the county's public defenders are doing a good job.
"I deal with the public defender's office in central court on a regular basis and the lawyers do an outstanding job with the resources they have," he said. "In my view, any shortcomings are related to funding issues, not personnel issues."
Mr. Kelly said public defenders are handling more cases than recommended by the American Bar Association.
"The system is in danger of failing to provide the services required by the U.S. Constitution to properly represent indigent criminal defendants. Additional funding is required," he said.
Ms. Rieder said since the public defender's office is charged with handling the defense of county residents who are unable to afford a lawyer, this "creates an excessive caseload, causing both funding and staffing problems."
"While required to meet excessive demands, the public defender's office has performed to the best of its ability," she said. "As with any program, the public defender's office can benefit from increased funding and staffing."
Ms. Javitz said she is at a "disadvantage" to answer the question because she never worked in the county public defender's office and does not have first-hand knowledge of it.
"The way the system is designed, there are people working in the (public defender's) office who are responsible for making sure that office is providing representation to clients in accordance with the rules of the profession governing the representation of criminal defendants," she said.
Guardian ad litem
Finally, the candidates were asked about the guardian ad litem program.
It involves a court-appointed attorney to represent children in custody disputes and other matters. It was the subject of probe by the Administrative Office of Pennsylvania Courts, which in a 113-page report made public last year found it suffered from a lack of oversight and financial accountability, and provided 51 recommendations to improve it.
Since the release of the report, court officials have been implementing the recommendations, including better tracking of case outcomes along with finances.
Danielle Ross was the sole appointed guardian ad litem until she was recently suspended following her indictment on tax evasion charges.
Ms. Farrell said a guardian ad litem provides an "invaluable service" to county residents.
"Sadly, the interest of the child is not always the same as that of the mother or father," she said. "That is why, all too often, a court-appointed guardian must step in and protect the rights of a child."
Mr. Gibbons said he believes the state Supreme Court and county court have studied the issues with the program and have already implemented changes.
"Time will tell whether the recent changes will result in the desired improvements, or whether further restructuring is necessary," he said.
Mr. Kelly said there has been "too much work" for one full-time guardian ad litem to handle.
"The volume of work involved prevents the proper attention being given to each case on an individual basis," Mr. Kelly said. "One full-time individual alone cannot handle all functions required of the guardian ad litem."
Ms. Rieder said the guardian has been unnecessarily appointed in some cases.
"The over-appointment of a guardian ad litem causes excessive cost to both Lackawanna County families and the court, as well as the improper delegation of what can be perceived to be judicial responsibilities to an individual with no accountability to the public," she said.
Ms. Javitz said she would "thoroughly and thoughtfully review the existing system" and propose changes, such as preventing "single-handed control with little or no oversight."
"I would also use my authority sparingly as a judge to make appointments and those appointments would be based on merit, not favoritism," she said.
Contact the writer: smcconnell@ timesshamrock.com, @smcconnellTT on TwitterAlyce Hailstone Farrell
Age: 45
Family: Married to Robert B. Farrell; mother of Virginia, 15; Charles, 13; and Eleanor Farrell, 8
Education: Scranton Prep, 1985; Marywood University, 1989; Dickinson School of Law of the Pennsylvania State University, 1992
Employment: Magisterial District Judge in Scranton
Resides: Scranton
Experience: Magisterial District Judge, District Court 45-1-02 1998 to present; Of Counsel, Kreder, Brooks, Hailstone 1998 to present; Associate, Kreder, Brooks, Hailstone 1992-98; Assistant Public Defender Lackawanna County, 1993-98; Law Clerk Office of General Counsel James J. Haggerty for Gov. Robert P. Casey 1990-92
Top issue: Overburdened court system
P. Timothy Kelly
Age: 54
Family: wife, Lexie Kelly; children, Timmy Kelly (1999-2003); Rhys Kelly, 13
Education: Scranton Prep, 1976; University of Scranton, Bachelor of Science, business administration, 1979; Villanova School of Law, juris doctor, 1982
Employment: Mattise & Kelly PC
Resides: Newton Twp.
Experience: 30 years as a practicing attorney; past president, Lackawanna Bar Association; member of the American Board of Trial Advocates; member of the Board of Governors of the Pennsylvania Association for Justice; member, Pennsylvania Bar Association House of Delegates; incoming zone governor, Pennsylvania Bar Association
Top issue: Backlog on civil trial docket
James A. Gibbons
Age: 55
Family: wife, Kelly (recently deceased); children, Catherine, 26; Brenan, 25; Megan, 22; Quinn, 19; and Eamon, 14
Education: Scranton Prep, 1975; Bachelor of Science, human services, 1979, University of Scranton; juris doctor, 1982, Seton Hall University
Employment: 2005-present, Lackawanna County Magisterial District Judge; 2000-present, owner, Gibbons Law Firm; 1987-93, Assistant U.S. attorney; 1982-84, law clerk, U.S. District Judge Richard P. Conaboy; 1984-87, associate attorney, Bour Gallagher & Foley; 1993-2000, associate attorney, Michael H. Roth PC
Resides: Newton Twp.
Experience: Magisterial District Judge; federal prosecutor; more than thirty years experience practicing law in state and federal courts; member of Interbranch Commission on Juvenile Justice; federal judicial law clerk
Top issue: Maintaining public confidence in the courts
Patti Grande Rieder
Age: 46
Family: Husband, Dr. Jeffrey Rieder; four children, Abigail, 18; Alex, 16; Adeline, 13; and Amelia, 9
Education: Valley View High School, 1984; University of Scranton, Bachelor of Science in history and political science, 1988; juris doctor, Catholic University, Columbus School of Law, 1991
Employment: Attorney
Resides: Scott Twp.
Experience: special hearing master, Lackawanna County Court of Common Pleas; associate, Schnader, Harrison, Segal & Lewis; Judicial Law Clerk, Judge Richard P. Conaboy, who at the time was the chief judge of the Middle District, Judge Thomas I. Vanaskie, currently a member of the 3rd U.S. Circuit Court of Appeals, and Judge Thomas J. Munley, president judge of Lackawanna County Court; American Bar Association, Pennsylvania Bar Association, Lackawanna Bar Association; adjunct professor, Penn State University; authored a study guide on elder law, Penn State University; attorney adviser, High School Mock Trial Team; past president, Lakeland Elementary PTA; past president, Peckville Business and Professional Women's Club
Top issue: Oversight and accountability
Donna Davis Javitz
Age: 52
Family: husband, David; children, Ashley, Joshua and Jason
Education: Bishop O'Hara High School; Bachelor of Science, public administration, summa cum laude, University of Scranton; juris doctor, Temple University School of Law, Master of Laws, trial advocacy, Temple University Beasley School of Law
Resides: Dickson City
Employment: Private practice
Experience: Private practice attorney involving litigation, family law, civil rights, employment and commercial law, wills and estates; a member of the Bar of Pennsylvania and the District of Columbia; appellate clerkship for Judge Peter Paul Olszewski and was an associate of attorney Sheldon Rosenberg; commercial litigation attorney, with law firm of Hourigan, Kluger & Quinn; in-house counsel for Munley, Munley & Cartwright; arbitrator and a master in the Lackawanna County Court system; attorney adviser at the U.S. Military Academy, West Point, N.Y.; held a management position at Emery Worldwide/UPS-SCS; adjunct faculty member at the University of Scranton; law clerk for the U.S. attorney's office, the Strike Force Office Against Organized Crime and Racketeering and the 3rd U.S. Circuit Court of Appeals Senior Staff Attorneys Office.
Top issue: Judicial independence, integrity and courage.