Providing highlights and insights about the PA Right to Know Law and decisions of the Office of Open Records as well as court opinions, In August 2018, Berks County Common Pleas Judge James M. Lillis ordered the City of Reading to pay $12,071.75 in legal feesto a requester and in October 2018, Commonwealth Court Judge Simpsonordered Pennsylvania Department of Corrections to pay $118,458.37 in legal feesto a requester. margin: auto; So, unless the petitioners can provide evidence of a particular problem, they must file their petitions in all 202 Berks precincts. .infobox p { A Muhlenberg Township man pleaded guilty Tuesday to killing his girlfriend in their apartment and was sentenced to 25 to 50 years in a state prison. 0000000916 00000 n Kauffman said compliance with Act 77 procedures for mail ballots cannot be reviewed under the recount procedure. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Pennsylvania Court of Common Pleas width: 150px;

float:right; Q|$\J?# ") +s%LJIV	Km>( |-:fE!{`'` +:'foh   Kauffman said this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures in the election code and Right-to-Know law. .widget-row.value-only { Apr. 	background-color: #003388; The results of the 2022 election have been certified by the county elections board and the state.   y !1	AQa"2Bq#3R$br4% Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. In a statement, Berks County officials said they were "pleased" with Judge Lillis' ruling, adding they believe it "correctly reflects the law as outlined in the Election Code and . Franklin County is an Equal Opportunity Employer and provides advancement opportunities to everyone. Court of Commons Pleas; . The Committee made four motions in the petitions: 1. He represents Pennsylvania municipalities, municipal authorities and schools in responding to Right to Know Law requests and. Montour Township officers in Columbia County arrested Talarico on July 12 after receiving a call the previous night about an person driving a vehicle through yards. 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Winter said the law gives the court broad powers to order a recount that is conducted by hand so machine-related errors can be detected and the results compared to those that were tabulated using electronic devices. margin-bottom:0px;  We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. "So, it's kind of near and dear to me to come here and try to recruit the next wave,.   Pennsylvania Superior Court 3. The petitions were filed under a little-known provision of the state elections law that allows a districts results to be recounted if three voters from the district pay $50 and petition the district court believing there was fraud or error appeared. You have permission to edit this article. The county argues that the provision does not require a hand recount but merely requires that the vote should be recounted by people designated by the court. 	color: white; Todd Talarico, 47, of the 2500 block of Kutztown Road was sentenced by Judge James M. Lillis after pleading guilty to third-degree murder and illegally possessing a firearm. 	background-color: #f9f9f9; and services. In the Court of Common Pleas of Berks County Civil Division at No(s): 192-2015-MH BEFORE: BOWES, J., KING, J., and STEVENS, P.J . Kauffman said petitions filed under this provision of the law should not be fishing expeditions, saying what the committee is asking for is way beyond the scope of what the law allows. The Berks County Democratic Committee is happy that the Commonwealth Court upheld the opinion of the Common Pleas and supported clean and fair elections, he said. According to The Philadelphia Inquirer, the recount effort in Berks was part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts.  	font-weight: bold; And, he said, if fraud or error is found on those recounts it would trigger a full recount at all precincts. The alert entitled Agencies Ordered to Pay Legal Fees can be found here, The Office of Open Records hosts a webpage where it has collected Court decisions on Enforcing a Final Determinations, Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30 years. During an hour-long hearing in front of Berks County Judge James Lillis, attorneys representing the county and Berks County Republican Committee laid out their reasons for why.  Attorney Eric Winter, arguing on behalf of the Berks County Republican Committee, said shortly after the order became available late Tuesday morning that he has yet to see it and review it with his client. P.O. Lillis did not issue a ruling Thursday and gave both parties until 4 p.m. Friday to submit any supporting documentation for their cases. Please, 100 largest cities in America by population, Pennsylvania judicial elections, 2013 - Courts of Common Pleas, https://ballotpedia.org/wiki/index.php?title=Eleni_Dimitriou_Geishauser&oldid=7288560, Pages using DynamicPageList parser function, Pennsylvania common pleas court judges, Berks County, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. hearing held, Judge Lillis again denied Appellant's request. 9724 Cumberland Highway.  Kauffman argued the provision does not require a hand recount, it merely requires that the vote should be recounted by people designated by the court. A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. 	color: white; There were no facts at all presented to Judge Lillis; witnesses were not called; evidence was not presented and testimony was not taken.. Box 135. . 20-209 NO. We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. Jnp`! Before issuing their decision, the commissioners conducted a public hearing during the elections board meeting. Magisterial District Judge 39-3-03: Fannett Township, Hamilton Township, Letterkenny Township, Lurgan Township. (610) 678-5393 Fax. The live site is https://www.co.berks.pa.us  We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. Click here to contact our editorial staff, and click here to report an error. .courts-header { font-size:150%;background-color:#334aab;color:white;} .infobox { 	background-color: grey;  Kauffman asked the commissioners to also vote on how they would like to respond to the two lawsuits filed in this matter.  Pennsylvania Magisterial Districts, Courts in Pennsylvania  Pennsylvania judicial elections  Judicial selection in Pennsylvania. This was done. Apply today! But, he added, that would mean dozens of voters would have been making the same mistake at precincts across the county. } In the motion filed Wednesday, the county states that the petitions should be denied for a variety of reasons. Talarico shot his. It is the mission of the Berks County Magisterial District Judge System to seek justice, to foster public trust and confidence in an independent judiciary, and to provide high quality courteous service to all users of the magisterial district courts by processing cases and resolving disputes in a manner that reflects the system's commitment to . She covers county government as well as policy issues at the state and federal level with a local focus. Berks County expects a firm judge, but they also expect a fair judge. I dont think an undated envelope is a fatal flaw, Barnhardt said. The Berks County Board of Elections submitted a response to petitions that were filed last Monday in county court. This judge is outside of that coverage scope and does not receive scheduled updates.  I just think that is a miscarriage of voter intent.. Decision Clarifies Requirements for Affidavit of RTK Officers, Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request, Pennsylvania Supreme Court: Open Records Officer's Delegation of Search For Responsive Records Deemed Bad Faith; Attorneys' Fees Awarded, ordered the City of Reading to pay $12,071.75 in legal fees, ordered Pennsylvania Department of Corrections to pay $118,458.37 in legal fees, PENNSYLVANIA FREEDOM OF INFORMATION COALITION, PENNSYLVANIA'S UNIFIED JUDICIAL SYSTEM PUBLIC ACCESS TO COURT RECORDS, WHERE TO OBTAIN COMMONLY REQUESTED RECORDS, Recent OOR Determination Clarifies Appeal Deadline. 0000000584 00000 n
 Paul M. Yatron is a judge for the Berks County Court of Common Pleas in Pennsylvania. 	color: white; 	display: inline-block; 	width: 43%; 	color: white; BERKS COUNTY, PA 2850 WINDMILL RD. READING, Pa.  The Berks County commissioners voted unanimously Thursday to deny a challenge by David McCormick, a Republican candidate for U.S. Senate, that asked the elections board to not count provisional ballots cast after 8 p.m. on May 17. Get local Breaking News alerts sent directly to your inbox. Attorney Eric Winter, who argued on behalf of the Berks County Republican Committee, disagreed with Kauffmans assessment, saying the language in the law that allows for recount petitions doesnt include that language. .widget-row.Democratic { 	background-color: red;  Pennsylvania Superior Court Click here to contact our editorial staff, and click here to report an error. Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30. } .widget-img { } And, he said, this is not an issue the committee has ever heard about before.  Mercer reminded the board that under state law, the county may not count the provisional ballots for two days after the elections board ruling to give the campaign adequate time to file an appeal, should it wish to do so. No attorney/client relationship is formed and no legal advice can be given, unless and until a formal and fully executedfee agreement is entered into, and a retainer received. 	background-color: grey; The petitions were filed last week by the committee on behalf of 94 individual voters. This website is not intended for users located within the European Economic Area. Prior to his election, Lillis worked as a shareholder at Kozloff, Diener, Payne & Fegley, where he specialized in municipal, land use, and education law matters. Investigators werent sure of the exact date Moyer was killed, but said her last known contact with anyone besides her killer was with family members on the evening of July 7. Scott D. Keller. margin-bottom:0px; He added that voter signatures are confidential and disclosing those signatures to the public would present significant election integrity concerns.  } She is a graduate of Temple University with a degree in journalism. The filing deadline for candidates was March 11, 2015.Dimitriou Geishauser, Lillis and Barrett were unopposed in the general election. The judge is responsible for formally sentencing the defendant at a later hearing.   Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30 years. The Oz and McCormick campaigns have been fighting over a number of issues, including the provisional ballots. He also argues the petitions are too narrow. 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