โฒ๏ธŽ This article is more than a year old.

This article is shared with LebTown by content partner Spotlight PA.

By Daniel Simmons-Ritchie of Spotlight PA and Christine Vendel of PennLive

Greg Johnson has a pretty good job โ€” and even better benefits.

The Dauphin County magisterial district judge and his colleagues across the state earn $93,338 a year, with the possibility of a pension and lifetime health care, funded largely by taxpayers.

So, it might come as a surprise that 2019 court data revealed he sometimes had proceedings scheduled just two days a week. That also allowed him to tend to his family business โ€” a nursery and landscaping company north of Harrisburg.

In Delaware County, Judge Robert Radano had a nice setup, too.

Setting aside weekends, holidays, and a week of training, Radano had the equivalent of five months without court appearances. He also worked a second job, as a practicing attorney.

And in Allegheny County, Judge Anthony Saveikis had 96 days without any proceedings. He listed three other jobs on his financial disclosure form: lawyer, energy company owner, and real estate partner.

Across Pennsylvania, 512 elected district judges are the gatekeepers of the court system and the most likely to interact with residents. They preside over traffic cases, set bail amounts in criminal cases, and rule on civil disputes, such as home evictions.

But a yearlong investigation and data analysis by PennLive and Spotlight PA found huge variations in how many days each had court proceedings.

The news organizations analyzed the schedules of 466 district judges for 2019, after eliminating judges in Luzerne County and Pittsburgh for whom reliable data could not be obtained, as well as 23 offices that were vacant some portion of the year.

Ten percent of district judges had at least 60 days without scheduled court appearances on their calendars, above and beyond holidays, weekends, and training days.

The average full-time American worker had 19 days of paid vacation and sick time, according to the U.S. Bureau of Labor Statistics.

Even when district judges had scheduled proceedings, they werenโ€™t always logging eight hours in the courtroom. Some, particularly in rural areas, only heard a handful of matters, while others stacked their schedules in the morning, and their courtrooms sometimes went dark after 1 p.m.

PennLive and Spotlight PA also applied the stateโ€™s workload methodology, which weighs the varying complexities of proceedings. The analysis found workloads were wildly unequal, even though each judge receives equal pay and, after serving at least 10 years, benefits for life.

Some district judges pushed back and said their workloads consist of more than proceedings. Others shot down that notion, saying they have little work outside the courtroom.

Nearly 40 district judges, attorneys, county clerks, academics, and other sources were interviewed for this story, but many declined to speak on the record.

They said problems with judicial scheduling and workloads at the magisterial district level have been an open secret for years, but that it was taboo to criticize judges or file complaints, citing fear of retaliation.

โ€œItโ€™s not like poking the bear with a stick,โ€ an official said. โ€œItโ€™s like punching the bear in the nose.โ€

The result, court observers said, was a bloated, $237 million annual bureaucracy that wasted taxpayer money and spurred a domino effect of inefficiencies across the judicial system.

One district judge said he remembered the advice a colleague gave him shortly after being sworn in: โ€œRemember, this is a part-time job. Donโ€™t ruin it for the rest of us.โ€

Huge variations

Like other elected offices, state law doesnโ€™t spell out any requirement that district judges, who serve six-year terms, must work a certain number of hours. They are simply directed to devote the time needed โ€œfor the prompt and proper disposition of the business of their office.โ€

Many had packed schedules in 2019 and heard far more matters than their colleagues.

But theyโ€™re also allowed to have other employment, as long as they make their judicial duties a priority. That provides them with wide latitude, court observers said, when setting schedules and putting in whatever time they decide the job requires.

Daniel Baranoski, a district judge in Bucks County and president of the Special Court Judges Association of Pennsylvania, reviewed the PennLive/Spotlight PA analysis.

In a statement, Baranoski said if judges werenโ€™t hearing proceedings, that didnโ€™t mean they were not working. They could be doing other activities, he said, such as participating in community events, researching cases, working on task forces, or filling out paperwork.

Baranoski said most district judges are hard workers, and the stateโ€™s system is efficient for taxpayers.

โ€œJudges do not punch a time clock,โ€ he said. โ€œHearings run long, and we work late many days.โ€

Three district judges, however, told PennLive and Spotlight PA the analysis was fair and their activities outside the courtroom rarely require an extensive amount of time. One veteran magistrate said, in an average year, he spends about 15% of his time on paperwork and other duties outside the courtroom.

District judges arenโ€™t required to be lawyers or write legal opinions. But if they donโ€™t have a law degree, Baranoski said, they must take a four-week training course, pass a four-hour exam, and attend annual legal classes.

Baranoski also said a recent survey, by his organization, found about 35% of district judges were lawyers.

Several district judges who had high numbers of days without court appearances โ€” including Delaware Countyโ€™s Radano โ€” declined interview requests.

A Delaware County defense attorney said she didnโ€™t know about the workloads of magistrates outside of court, but she was surprised Radanoโ€™s name topped the list for fewest days with proceedings.

She said he is a high-quality, โ€œhands-onโ€ judge who takes phone conference calls and reviews documents before hearings, instead of just showing up cold.

Johnson, the Dauphin County judge, didnโ€™t dispute he had relatively few scheduled days in court and a lighter caseload than many of his peers. He said he spent about 30 to 32 hours a week in his office, which is housed in the same building as his courtroom.

But he also said police officers visited him, on occasion, at his nursery to get documents signed. Johnson declined to say how much time he spent at the nursery.

โ€œLooking strictly at caseload isnโ€™t the only way to look at this,โ€ he said. โ€œI look at those statistics and say to myself Iโ€™ve been very successful.

โ€œI donโ€™t have to work every single day because the people in my district โ€ฆ are very well behaved, and then when they appear before me, I make it clear, we donโ€™t allow those types of misbehaviors in this area.โ€

John Cherry, Dauphin Countyโ€™s president judge, and David Judy, president of the Dauphin County Magisterial District Judge Association, said theyโ€™ve always considered being a district judge a full-time job.

Judy said he is committed to being in his offices from 8 a.m. to 4:30 p.m. Monday to Friday.

โ€œIt is my responsibility, as an elected public official,โ€ he said. โ€œI realize that some of my colleagues may disagree with this philosophy. I respect that. But this has been my practice since I took the bench in January 1988.โ€

In 2001, an intergovernmental task force studying Pennsylvaniaโ€™s district judge system found some magistrates were โ€œonly performing their judicial duties on a โ€˜part-timeโ€™ basis while they pursue other employment during the week.โ€

The task force recommended barring district judges from outside employment, similar to higher court judges, so they could concentrate full time on judicial duties. The committee also noted that, under that scenario, pay raises would be appropriate. The recommendations did not result in either change.

State Sen. Lisa Baker, who was chair of the Senate Judiciary Committee during the most recent legislative session, said she plans to widen the scope of a planned examination of the court system, using data and information from the PennLive/Spotlight PA analysis.

โ€œI do think itโ€™s appropriate to do these deep dives,โ€ she said. โ€œJust because somethingโ€™s been done a certain way so long, doesnโ€™t mean itโ€™s the right way.โ€

Presented with the findings of the investigation, state Supreme Court Chief Justice Thomas Saylor applauded the work of district judges and noted president judges can petition to eliminate a court at any time.

โ€œThe men and women who serve as magisterial district judges are the front line of Pennsylvaniaโ€™s judiciary,โ€ Saylor wrote. โ€œThey administer justice, often in highly charged circumstances, and are due the appreciation of the public for their service.โ€

Daniel Baranoski, a district judge in Bucks County and president of the Special Court Judges Association of Pennsylvania, defended the lower court system and said it was efficient for taxpayers. (File/Bucks County Courier Times)

Too many judges

Lawyers and court officials pointed to multiple reasons for inefficiencies in the system.

They said there are too many district judges, and not all of them have enough work to fill a week. They also said low caseloads are common in rural areas. Johnson, whose district covers a rural portion of Dauphin County, had less than half the average scheduled proceedings of all the other judges in the county.

Kim Berkeley Clark, Allegheny Countyโ€™s president judge, agreed some of her district judges had low caseloads. But eliminating positions and merging districts, she said, would create problems.

โ€œAllegheny County is a large county,โ€ she wrote. โ€œIt could be a great hardship to require someone in one part of the county to travel to a location that may not be easily accessible to them.โ€

The state Supreme Court looks at more than just workload when determining the number and boundaries of judicial districts, Johnson said, because they want offices to be in close proximity to all residents.

Others said Clarkโ€™s and Johnsonโ€™s concerns might be true in certain areas, but they are also long-standing excuses to justify offices that should be eliminated.

Wider use of video teleconferencing and centralized courts, court observers said, would make it easier to consolidate workloads between rural and urban areas.

And, while a reduction in court offices might increase travel times for some residents, they said, a balance needs to be struck between cost and public access.

Between the salary of each judge, staff, security, and building upkeep, each district office costs taxpayers an average of $460,000 annually. The state pays the judgesโ€™ salaries and benefits, while the counties pay for office operations.

The PennLive/Spotlight PA investigation found it wasnโ€™t just rural judges who had high numbers of days without proceedings.

In 2019, five of the 10 judges with the highest number of days without court appearances were based in Delaware County, a bedroom community of Philadelphia, with about 500,000 residents and 29 district judges.

The news organizations reached out to those five, and a sixth, Vincent Gallagher, who had relatively few days with proceedings in part because of time off to deal with a health issue, he said. Gallagher, who also works as a website design consultant, was the only one who spoke on the record.

He said he has hearings scheduled Mondays and Tuesdays that donโ€™t normally take eight hours, and nothing regularly scheduled Wednesday through Friday. He also said he works โ€œon-callโ€ every nine weeks, covering evenings and weekends.

Gallagher said he can only hear the cases that come before him.

โ€œIs it a 40-hour work week?โ€ he said. โ€œIt may not be. But what job do you have to work every night and weekend during rotations? Nothing about this is the normal, every-day job.โ€

Delaware County employs 10 more magistrates than Lancaster County, which has a similar population, and 11 more than Bucks County, which has about 62,000 more residents.

Kevin Kelly, Delaware Countyโ€™s president judge, did not return multiple messages.

โ€œEveryone knows itโ€™s hard being a [district] judge,โ€ said Andrew Edelberg, a Delaware County defense attorney. โ€œBut itโ€™s not a 9-to-5, five-day-a-week job. Itโ€™s not a full-time job. Could it be with fewer judges? Itโ€™s possible. But thatโ€™s not the way it has happened.โ€

Case stacking

How do some district judges manage workloads when they have so many days without proceedings?

Some use a strategy called โ€œcase stacking.โ€

Itโ€™s a simple technique: Instead of scheduling one hearing every 30 minutes, judges schedule up to 10 every 15 minutes.

A judge canโ€™t handle different cases at the same time. But by scheduling them simultaneously, police, attorneys, and their clients all show up at the same time. A judge can go immediately from hearing to hearing with no downtime. If a police officer or defendant doesnโ€™t show, the judge can jump straight to the next case.

From a district judgeโ€™s perspective, itโ€™s a time saver: You can pack a dayโ€™s worth of cases into a morning.

But for others, it means long, crowded waits, said Gary Asteak, past president of the Pennsylvania Association of Criminal Defense Lawyers.

โ€œThere is nothing more aggravating than to show up in court to find 25 cases scheduled at the same time,โ€ said Asteak, who works as a defense attorney in Northampton County. โ€œThen, if you want to exercise your right to a hearing, you have to wait until the end.โ€

A Dauphin County attorney said: โ€œIf you have been to central court, you will see half-a-dozen attorneys waiting, half-a-dozen police waiting. Itโ€™s a phenomenal waste of resources.โ€

Case stacking appeared to be in full swing in May 2019 in Dauphin County.

Judge David Oโ€™Leary had 51 scheduled cases between 9 and 11 a.m. โ€” or, on average, a case less than every three minutes.

For two hours, the courtโ€™s waiting room was packed with attorneys, their clients, witnesses, and relatives. Guards said the situation was common, and sometimes led to arguments and fights.

Several Harrisburg police officers, who declined to be identified, said it wasnโ€™t unusual for officers to not show up because they didnโ€™t want to wait hours to testify. When officers didnโ€™t show, the cases typically were rescheduled, requiring everyone to report back another day.

PennLive and Spotlight PA reached out to three Dauphin County judges, all based in Harrisburg, who appeared to stack their cases. Only one responded.

Oโ€™Leary defended case stacking as efficient and necessary because so many cases are disposed of without hearings but admitted โ€œsome of that efficiency was done at the expense of people sitting around.โ€

That has changed amid COVID-19 rules that require social distancing and remote video hearings for prisoners, he said.

The law offices of Robert J. Radano, a district judge who had the equivalent of five months without court appearances in 2019 despite receiving good benefits paid by taxpayers. (Dan Gleiter/PennLive)

The changes require more discussion between prosecutors and defense attorneys before hearings and more administrative work, Oโ€™Leary said, and it has reduced the amount of time people are sitting around.

Cherry, who became Dauphin Countyโ€™s president judge in January, expressed concern about the PennLive/Spotlight PA findings. Cherry was disturbed by one case, where a defendant wanted his day in court.

The man appeared three times, waiting two hours on each occasion, before the charges were dismissed, and after the arresting officer failed to show.

โ€œFor that person who had to come three times, thatโ€™s frankly inexcusable,โ€ Cherry said. โ€œThere will be those angry over that comment made, but it is inexcusable for three times. And that comes down to scheduling.โ€

Cherry said he planned to sit down with all of the countyโ€™s district judges.

โ€œWeโ€™re going to look into these matters and try to resolve what we can,โ€ he said.

Outside Dauphin County, one judge said he saw nothing wrong with case stacking.

Saveikis, the judge from western Allegheny County, said itโ€™s easier for police and prosecutors if he schedules the bulk of his cases on Mondays and Tuesdays.

His district is on the county border, about 30 minutes west of Pittsburgh, and, he said, stacking cases minimizes the need for multiple trips to his remote courtroom.

For the rest of the week, Saveikis said, he is still available if police need him to sign warrants, or if residents need him to sign complaints.

If he wanted, Saveikis said, he could pad out his schedule. โ€œSome people are probably better at making their schedule look busier,โ€ he said. โ€œBut thatโ€™s never been my goal.โ€

With too little work, and too little oversight, district judges may focus their attention on outside work, said Maybell Romero, an associate law professor at Northern Illinois University.

Of the 10 judges with the highest number of days with no proceedings in 2019, at least six worked as attorneys, several with their own firms, the PennLive/Spotlight PA analysis found.

For a judge who has a business to run, Romero said, a technique like case stacking would be difficult to resist.

โ€œItโ€™s disincentivizing public work and incentivizing private work,โ€ she said.

Magisterial District Judge David Judy, president of the Dauphin County Magisterial District Judge Association, said he has always considered being a district judge a full-time job, but knows not all of his colleagues agree. (Dan Gleiter/PennLive)

Weak oversight

In theory, Pennsylvania has a solution to ensure district judge workloads are balanced and positions are treated as full-time commitments.

Every 10 years, the state Supreme Court evaluates the boundaries of each district. Each county is required to study the workloads of their district judges and recommend whether positions should be kept, eliminated, or boundaries redrawn. The next round is scheduled for 2021.

But some court observers said substantial improvements were unlikely without fresh attention.

During the last process in 2011, the Supreme Court set a goal of reducing district courts by 10%, or 55 offices, primarily through attrition, to save money. The process fell short but still resulted in 34 fewer districts, saving more than $5 million a year, according to a court administration newsletter.

At that time, the courts developed a formula to gauge the amount of work each judge performed. The formula took into consideration that judges heard different mixes of cases: some simple, others more complex. Handling a preliminary hearing for a criminal case, for example, is more time consuming than signing off on a traffic ticket.

The purpose of the formula was to ensure districts could be drawn in an equitable manner.

PennLive and Spotlight PA applied the courtโ€™s methodology to the 2019 caseloads of 466 district judges. Sixty-five percent had workloads that were significantly imbalanced, based on the courtโ€™s own definition.

Doris Marie Provine, a lawyer and professor at Arizona State University, said it was encouraging that the Supreme Court had developed a system to gauge disparities.

โ€œYour state has got as far as having a reapportionment process,โ€ Provine said. โ€œBut why is the system so imbalanced?โ€

The system largely leaves decisions about redistricting to the president judges in each county. Some of those judges, court watchers said, may have little incentive to eliminate their colleaguesโ€™ positions.

Provine said Pennsylvania has many government structures that are unique or archaic. But judges who only have proceedings a few days a week, she said, is an issue that should transcend tradition.

โ€œWhat you describe sounds quite unfair to taxpayers and to defendants,โ€ Provine said. โ€œIt seems to me more like a scandal than just plain archaic.โ€

PennLive reporter Jan Murphy contributed to this story.

100% ESSENTIAL: Spotlight PA relies on funding from foundations and readers like you who are committed to accountability journalism that gets results. Become a member today at spotlightpa.org/donate.

Something went wrong. Please refresh the page and/or try again.

Comments

LebTown membership required to comment.

Already a member? Login here

Leave a comment

Your email address will be kept private.