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.

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Lokuta Attorneys Say Due Process Ignored

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Lokuta Vows to Continue to Fight