Monday, January 18, 2010

Lokuta's Attorneys Say Due Process Ignored

Attorneys for former Luzerne County Judge Ann H. Lokuta accused a state discipline court of ignoring due process and fundamental fairness when it narrowly refused to hear new testimony in her misconduct case earlier this month, keeping her off the bench.

Those allegations centered on the president judge emeritus of the discipline court, Richard A. Sprague, who has remained on the case despite a conflict of interest with a Luzerne County corruption figure, Lokuta's attorneys said in a petition asking the court to reconsider its 4-3 ruling.

The attorneys, George A. Michak and Ronald V. Santora, renewed their call for Sprague to recuse himself from the case because he previously represented Drums attorney Robert J. Powell, who is accused of paying kickbacks to two former Luzerne County judges.

That relationship has compromised Sprague's ability to conduct a fair and impartial hearing, Michak and Santora said.

Sprague set up "straw arguments" at a November hearing on Lokuta's claim that the two former judges orchestrated her removal because she cooperated with federal investigators, and then, in his Jan. 14 opinion, "knocked them down while expressing incredulity and disdain," Michak and Santora said.

Powell pleaded guilty in July to paying $772,500 to the judges, Michael T. Conahan and Mark A. Ciavarella Jr.

Full Article and Source:
Lokuta Attorneys Say Due Process Ignored

See Also:
Lokuta Vows to Continue to Fight

6 comments:

  1. Judicial discipline boards are a crock! All they do is protect their own and go against anyone who dares go against the system!

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  2. No due process? No fairness?

    Now the judge and her lawyer have a little preview what AIP's, proposed wards have been screaming about to deaf ears, how they are treated in many caseses in the guardianship racket in the probate court process where being declared a ward is a life sentence.

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  3. I was just thinking that this mess will certainly make Lokuta a better judge when she gets back on the bench.

    She has experienced injustice and a cold, callous court first hand.

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  4. "due process ignored" is every guardianship victim's battle cry!

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  5. I hope she has the strength to hold up and keep coming back at them.

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  6. Sprague should have recused.

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