Legal News

Rendell Appoints Criminal Defense Lawyer and Bar Leader to Luzerne Co. Court

By Brian Harris

Gov. Edward G. Rendell has nominated a Forty Fort, Pa., attorney to fill one of the vacancies on the Luzerne County Court of Common Pleas.

Joseph M. Cosgrove, a criminal defense attorney and the president of the county?s bar association, will fill the seat of former Judge Mark A. Ciavarella Jr., if confirmed by the Senate.

The decision comes after several requests from Luzerne County Common Pleas Court President Judge Chester B. Muroski to help fill a bench that has been depleted by a federal corruption investigation and disciplinary action.

The court, which has 10 judges when operating with a full complement, currently has seven full-time judges.

That number will be reduced to six at the start of 2010 when Judge Peter Paul Olszewski, who lost his retention bid this November, is forced to leave office.

Reached Friday afternoon, Cosgrove said he was ?deeply humbled by this nomination? and ?profoundly grateful to the Governor for his show of confidence.?

?I will work tirelessly to help restore the confidence in our justice system that we so desperately need at this critical time,? Cosgrove said. ?I love being a lawyer, and I hold our profession close to my heart. And I?m troubled when our profession suffers. But I also believe at this time that someone with my background and experience and my length at the bar, that committing to serve for two years without any political agenda or desire is important to help stabilize and serve the people of Luzerne County.?

Muroski, who has previously sent Rendell letters imploring the governor to send help and who has previously met with local state representatives, could not be reached for comment.

Ciavarella and fellow former Judge Michael T. Conahan both face a 48-count racketeering indictment for allegedly accepting $2.8 million in payments from the builder and a former co-owner of two private juvenile detention facilities.

 Ciavarella was removed from his seat after the news was announced. Conahan was a senior judge at the time. Both were suspended by the state Supreme Court.

That news came shortly after former Judge Ann H. Lokuta was removed from the bench in December 2008 by the Court of Judicial Discipline. She is fighting to be reinstated and her open seat is in limbo until her appeals are resolved.

On Thursday, the state Supreme Court also suspended Luzerne County Judge Michael T. Toole, who, it was announced the day before, has pleaded guilty to honest services fraud and filing a false tax return.

Leaders in the House have previously said they would move quickly to confirm Rendell?s nomination, but have few upcoming days to do so. The Senate calendar has lawmakers returning to session Dec. 15 before breaking for the holidays.

According to a press release from Rendell?s office, Cosgrove has been an adjunct faculty member at King's College in Wilkes-Barre, Pa., teaching constitutional law and civil rights. He is a member of the Criminal Justice Act panel of the U.S. District Court for the Middle District of Pennsylvania and holds a law degree from the Notre Dame Law School of the University of Notre Dame.

"Joe Cosgrove is a highly intelligent and very accomplished lawyer and litigator, who has distinguished himself in the field of law as well as the general community," Rendell said in the statement. "He is an educator, a legal scholar, and a man held in very high regard by his colleagues. His nomination stands as assurance to the people to the Luzerne County that I am determined to appoint judges who are persons of experience, intellect and integrity."

Full post as published by The Legal Intelligencer Blog on December 04, 2009 (boomark / email).