The Herald, Sharon, PA Published Monday, May 12, 2003

Hopefuls
describe
last case

The Mercer County League of Women Voters and The Herald posed five questions to the eight candidates for two Mercer County Common Pleas court judgeships. The following are their answers to one of the five questions. The other answers will be published in the Tuesday through Thursday editions of The Herald.

When was the last time you tried a case in Mercer County Common Pleas Court? Describe that case and the extent of your experience as a courtroom advocate.

   » CHRISTOPHER ST. JOHN: My most recent trial involved a dispute between a homeowner and a contractor under a home renovation contract. This detail- laden trial took several days in the fall of 2002. In contrast, I tried a first degree murder case in May of 2002 that lasted two weeks. My overall experience as a courtroom advocate is quite extensive and spans nearly two decades with frequent court appearances. Not only have I tried more than fifty cases, but I also litigated many custody hearings, support cases, juvenile adjudication and disposition hearings, suppression hearings, probation violations, sentence courts, PFA hearings, incompetency hearings, ARD hearings, arraignments and pre-trials. Thus, I have a solid working knowledge of the rules of evidence and civil and criminal procedure.

   » JOHN REED: I last tried a case on March 21, 2003, involving a dispute over the division of real estate among the owners. Although this was a non-jury trial, in over thirty years of practice, I have tried numerous civil and criminal cases. In addition, I have been appointed by the Courts of Mercer County to serve as a master, auditor, and guardian in various cases that required me to investigate the facts, research the law, and make written recommendations to the Courts for their approval.

   » WILLIAM G. MCCONNELL, JR.: In October of 2002, I acted as sole defense counsel in a three day criminal jury trial presided over the by Honorable Francis J. Fornelli. Over the last twelve years, I have had extensive criminal and civil courtroom experience. I have personally handled and tried numerous criminal cases both while serving as a judge advocate with the United States Marine Corps, and while engaged in the private practice of law in Mercer County. In addition to my extensive criminal trial experience, I have tried a number of civil cases and have appeared in numerous other civil courtroom proceedings. I have also spent a significant amount of time preparing and arguing both civil and criminal appeals before the Pennsylvania appellate courts.

   » STEPHEN J. MIRIZIO: My last case tried in Mercer County Common Pleas Court was a four day non-jury trial in June, 2002. The dispute was contractual in nature, specifically whether the seller of real estate sufficiently disclosed to the purchaser the condition and/or subsurface composition. The extent of my experience as a courtroom advocate includes substantial criminal representation during my first six to eight years of practice, eminent domain representing both the condemnor and condemnee, contract disputes, multiple personal injury claims, product liability claims, property line and/or real estate disputes and issues appealed to the Court of Common Pleas from various administrative law judges.

   » MARGARET T. LUCAS: The most recent case I tried in the Mercer County Court of Common Pleas was on April 2, 2003. It was a day-long, complex Protection from Abuse action that was consolidated with a claim for visitation by my clients, the paternal grandparents. The action involved volatile issues and claims of sexual abuse. Based on cross examination alone, the Court dismissed the allegations of abuse that had been filed to thwart my clients' action for the visitation of their grandson and granted them weekly visitation pending a hearing to establish their full rights under the law. Based upon my extensive experience in family law matters, including several appearances in Court each week, I was able to thoroughly prepare and represent my clients even though I was just recently retained.

   » JAMES M. GOODWIN: My most recent trial in the Mercer County Courts was in November of 2002. This was a criminal case tried before a jury. My practice from its beginning and continuing to the present has given me a significant amount of time in our courts as an advocate. I have worked in the Public Defender's office since 1986. That office is an essential part of the legal process providing legal counsel to indigent. A significant portion of my private practice has been in the area of family law. My practice frequently brings me into the courts. For over 16 years, I must average five cases per month on the trial term, and at least eight other appearances per week in the various levels of the courts.

   » JAMES NEVANT: My last case was tried in February 2003. Commonly referred to as the Wheatland secession case from the Farrell Area School District, this is a rare occurrence and few school solicitors are likely to ever be engaged in this kind of litigation. While the eventual court proceedings were technical and limited in scope of issues, it was a case of considerable import. The degree of expertise that had to be acquired in very short order, as well as the amount and depth of preparation for the proceedings required an enormous commitment of time, resources, energy and teamwork. The Farrell Area School District is still intact and educating its young people.

   » JOANN M. JOFERY: The last case I tried in court was in late March 2003. It was a contested custody case. Out of respect for the privacy of my client, the other parties, and, most especially, the children, I find it inappropriate for me to comment on the specifics. My courtroom experience is extensive. I average four to six appearances per week. I believe that those who have witnessed my performance will attest to my skill, preparation, and knowledge. My experiences span civil, criminal, and family law cases and I have appeared in several other county courts, federal court, many district justice courts, and domestic relations. It is a real compliment to me when a new client approaches me after witnessing my courtroom skills.



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