The Herald, Sharon, PA Published Thursday, March 7, 2002

MERCER COUNTY

Fourth judge proposal puts work on hold

By Tom Fontaine
Herald Staff Writer

The estimated $11 million renovation of the Mercer County Courthouse has been put on hold indefinitely while the county investigates the need for a fourth Common Pleas judge and courtroom.

"It makes no sense to proceed with the project if there have to be changes in the current layout of the courthouse," Mercer County Commissioner Olivia M. Lazor said this morning.

Mercer County Courthouse has three courtrooms, one for each of the county's judges. The two courtrooms on the building's second floor were part of the courthouse's original design. When a third judge was added, a smaller courtroom was built on the third floor. If the county gets a fourth judge, another courtroom will likely be built there.

President Judge Francis J. Fornelli is making a case for a fourth judge and courtroom. He said data he has gathered since last fall clearly indicate the county needs another judge. Two committees of the Mercer County Bar Association are studying Fornelli's findings and are expected to report back to the county in early April.

"We are not behind on our criminal cases. But a fourth judge could handle our backlog of nonjury trial proceedings," Fornelli said.

Two of the three judges tackle criminal cases each month, while a third takes on civil cases. A special master, a lawyer who is paid $75 an hour by the county, deals with family matters, such as divorces and child custody.

Fornelli wants to eliminate the master position. The fourth judge would be paid by the state, and his staff -- a secretary, law clerk, court reporter and crier -- would be paid by the county. Staff salaries would be offset by an annual $70,000 stipend from the state that is set aside for each judge, and the master's court reporter could serve as the fourth judge's, Fornelli said. "It would be pretty close to a wash," Fornelli said.

Fornelli said he does not foresee a need for additional staff in the district attorney's, public defender's or sheriff's offices.

The proposed courtroom would be on the third floor of the courthouse, in the area of district attorney offices and jury lounge, Fornelli said. "There would be no need for major construction, so there would be a minimal capital cost on top of the project," Fornelli said. "The district attorney's office would be reconfigured and consolidated."

District Attorney James P. Epstein said he was told his office would lose about 70 square feet of office space, but was assured that his office would receive a long-awaited "modernization."

The proposed courtroom would mirror the one occupied by Judge Thomas R. Dobson, which is less ornate and spacious than the other two.

Mrs. Lazor, who is overseeing the project for commissioners, said contractors are ready to start working inside the courthouse. Most outside renovations were completed last year.

"I'm not sure how this is going to play out, but if it's (getting a fourth judge) going to be something that is inevitable in the future, it makes sense to proceed with it now, while we have the money," she said. Renovations are being paid for with part of a $36 million bond issue.

"As long as all of the things I have been told and all of the data is accurate, and as long as our court runs more efficiently, I support the idea," she said.

Fornelli met with state lawmakers last week to discuss the plan. The state Legislature would have to approve the move, but the timetable for a potential vote is uncertain, he said.



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