A state appeals court Friday upheld a Lackawanna County Court ruling that said the county Democratic Party used the correct process to recommend candidates to replace former Commissioner Matt McGloin.
The Commonwealth Court ruling could clear the way for county court of common pleas judges to finally choose from three party-recommended candidates to replace McGloin.
However, the county and Commissioner Bill Gaughan, who are challenging the party process, have asked the state Supreme Court to exercise its rarely used King’s Bench power and take over the case.
The Supreme Court has not decided whether to do that.
Gaughan said he doesn’t know if he will appeal the latest ruling to the Supreme Court.
“I have to discuss it with the attorneys,” Gaughan said Friday evening.
McGloin resigned Feb. 24. Three days later, under provisions of the county home rule charter, the county Democratic Party Executive Committee recommended three potential replacements.
They are former county planning and economic development director Brenda Sacco, Olyphant Council President James Baldan and Scranton School Director Bob Casey, no relation to the former U.S. senator.
Under the charter, the county’s common pleas court judges would pick one.
Gaughan, who favored Dunmore Mayor Max Conway to replace McGloin, and the county contend that’s the wrong process. They argued state law and a Supreme Court administrative rule require the county common pleas judges to start the process with new applications and interviews before picking.
Three senior common pleas judges voted 2 to 1 to back the charter process the Democratic Party relied on.
They voted unanimously to say the county could not participate in the challenge because the Board of Commissioners did not authorize it.
Gaughan and the county appealed that ruling to the Commonwealth Court, leading to its ruling today.
EDITOR'S NOTE: Commissioner Bill Gaughan’s lawyer, attorney Dan Brier, is a partner of the Myers, Brier & Kelly law firm. Attorney Robert T. Kelly, Jr., also a firm partner, is a WVIA board member.
