Lucas to preside over criminal cases
Michael Lucas made a name for himself as a prosecutor who tried several high-profile cases under three district attorneys for a decade and a half before being elected in 2013 to the Washington County bench.
He’ll be entering the criminal trial arena once again.
Lucas said in an interview as 2015 came to a close he did not request to handle a criminal docket.
“The only assignment I had discussions with (President Judge Katherine B. Emery) and expressed a preference on was juvenile dependency court,” Lucas said. “It was largely due to the fact that we wanted to give those cases a little more stability and not have a change of assignment two years out.”
Exiting the district attorney’s office and becoming a judge, there were many cases Lucas dealt with as a prosecutor from which he potentially would have to recuse himself.
There’s still a possibility Lucas see a defendant he previously prosecuted, and whether he would ask another judge to take the case “would have to be decided on a case-by-case basis,” he said. “There is not a per-se requirement that we recuse on those cases.
“As prosecutors, you have a heightened duty as an minister of justice. Because of that, I always attempted to take a very objective look at a case. If you’re going to attempt to persuade 12 objective people in box, you have to be objective in the first instance anyway.”
The U.S. Supreme Court agreed to hear an argument in February on a case involving Terrance Williams and Ron Castille dating from when Castille, the former state Supreme Court chief justice, was Philadelphia County district attorney.
Williams wanted Castille to recuse himself from his appeal because Castille was Philadelphia’s chief prosecutor when Williams was convicted in 1986 for killing another Philadelphia man. Under state law, Castille was not required to recuse himself.
Because of the U.S. Supreme Court involvement, Lucas called this situation “an evolving area of the law,” but he noted he was never an elected district attorney, but first assistant.
Exactly one year ago, Debbie O’Dell Seneca stepped down from the Washington County bench, and the opportunity to run for a judgeship won’t occur until 2017.
“I think all of us recognize with the increasing docket and being down one full-time judge, we all need to pitch in and do what’s necessary,” Lucas said. Two senior judges are hearing cases in Washington County.
Emery will preside over civil jury and non-jury trials, orphans’ court, mortgage foreclosure court and pre-trial services, plus administrative duties, overseeing the minor judiciary and representing the court on the Washington County Salary Board.
Judge John DiSalle also will preside over civil jury and non-jury trials, plus asbestos litigation and criminal specialty courts.
In addition to his assignment to criminal jury and non-jury trials, Judge Gary Gilman will preside over juvenile court delinquency, family support exceptions and mental health civil procedures and appeals.
Judge Valarie Costanzo will preside over family court, including divorce and custody, and, in criminal court, drunken-driving cases. If a DUI case is not resolved by a plea or a dismissal, the case will be placed on the regular criminal jury trial list.
Senior Judge John Reed will preside over protection-from-abuse hearings, summary appeals, license suspensions and tax assessment appeals.
Senior Judge William Nalitz will preside over civil jury and non-jury trials; in orphans’ court he may receive assignments in termination of parental rights. He also will handle public school district cases. Exceptions to matters involving public school districts include civil matters in which a jury trial has been requested, tax assessment appeals and cases of eminent domain.
Beginning this year, weekly central magistrates court has gone by the wayside. District judges will hear cases – except for homicides – in their own local courtrooms. Administrative regulations have also made exceptions for cases as yet unknown that could draw huge media attention, such as the likes of convicted child molester Jerry Sandusky. That type of case would be scheduled in the courthouse complex.
Two-week jury trial terms for both civil and criminal cases are scheduled to begin Jan. 5, Feb. 1, March 7, April 4, May 9, June 13, Sept. 12 and Oct. 17. Single-week trial terms are scheduled for July 11 and Dec. 5. Jurors can potentially be summoned for selection at the beginning of each week of a trial term.
No trial terms are scheduled for August or November.