Citizens’ Voice Endorses Gartley for her “passion, forthrightness and common sense”

One of the most troubling aspects of the kids-for-cash scandal that has shattered confidence in the Luzerne County court system is the failure of so many in positions of power to question the actions of two county president judges who allegedly pocketed millions for jailing juveniles in a for-profit detention center.

The kids-for-cash scheme thrived in a closed courtroom where children were denied counsel and jailed on minor offenses and court staffers were pressured to keep up the flow of juvenile detainees and illicit cash, prosecutors say.

Lawyers who appeared in juvenile court unquestioningly went along as Judge Mark A. Ciavarella Jr. rode roughshod over the rights of hundreds, perhaps thousands, of juveniles.

The county’s other judges, except for Judge Chester B. Muroski, showed little interest in intervening despite public controversy over the for-profit center and the “zero tolerance” policies that kept it full, apparently finding it hard to believe two of their colleagues could be involved in such corruption.

Judges, lawyers, police officers and probation officials alike were involved in a massive exercise of groupthink, fueled by a lack of outside perspective, transparency and diversity.

In choosing two new judges on Nov. 3, voters ought to keep in mind the homogeneity of the exclusively male and overwhelming Democratic county bench and how that homogeneity might have contributed to the scandal.

We believe Tina Polachek Gartley, the only woman in the race, and Richard Hughes, the only Republican, will be able to bring essential new viewpoints to the court. We endorse them not because of gender and party, but because their legal experience and life experience give them the best chance of reforming the badly tarnished court.

Polachek Gartley, a mother of three, has been a tireless advocate for victims of sexual assault and domestic violence as a prosecutor, private attorney and instructor. The Citizens’ Voice editorial board was impressed by her passion, forthrightness and common sense.

Hughes, a father of three who is an assistant district attorney and has extensive experience in civil law, exhibits a fair-mindedness and even temperament that would be an asset to the court.

The third candidate in the race, Magisterial District Judge William H. Amesbury, has an impressive background as a social worker and youth volunteer in addition to his legal experience. However, his ties to the political power structure and his acceptance of a campaign donation from the wife of a businessman charged in the kids-for-cash scandal show he is still tied to the old way of doing things.

Amesbury argues the $500 campaign check was signed by Kim Mericle, not her husband, Robert, even though the check was drawn on a joint account. He says he has been close to Kim Mericle’s family and she should not be treated as an “appendage” of her husband.

But anyone who would sit on the county bench must be beyond reproach and under the judicial canons avoid even the appearance of impropriety. Amesbury’s refusal to return the $500 exhibits the same reluctance to offend the powers that be that contributed so much to the kids-for-cash scandal.

Amesbury would be a good fit for the court of the past, not the new, more transparent, more accountable court we believe Polachek Gartley and Hughes can help create.

Times Leader says Gartley is Ready for Robes

The following article is copied verbatim from the Wilkes-Barre Times Leader (10/24/09)

OUR TOP PICKS for the Luzerne County Court of Common Pleas mirror the recommendations we made before the primary election in May, when 17 candidates were vying for the two available seats.

Richard Hughes and Tina Polachek Gartley emerge as top-tier candidates now that the field has been thinned to three, displaying the professional experience, polish and energy desired in the county’s next jurists.

The eventual winners of November’s election are expected to serve 10-year terms. Each will play a key role in helping to restore the public confidence that has been so badly tattered in the wake of this year’s courthouse corruption scandal. Two former county judges have been charged with racketeering and await their trials. Innuendo of yet-to-be-exposed wrongdoing continues to swirl under the courthouse dome and even on the campaign trail.

Under these conditions, all three judge candidates have conducted themselves well. They have emphasized character, withstood criticism and answered pointed questions (from the news media and the public).

It should be emphasized that The Times Leader’s editorial board believes all three candidates are well-equipped to do the job, and we won’t be disappointed no matter which two garner the most votes. But, in a situation identical to the one voters will face on Nov. 3, we had to pick only two.

Hughes, 48, is a graduate of Virginia’s Washington and Lee University School of Law. He formerly worked as an assistant district attorney in Luzerne County and, more recently, returned to the DA’s office on a part-time basis.

The Fairview Township resident, a Republican, runs a practice focusing in areas such as estate planning, real estate and civil litigation. We were impressed by, among other things, his judicial demeanor.

Polachek Gartley, 43, is a graduate of Syracuse University College of Law. She is the senior attorney at the Barbara J. Hart Justice Center in Scranton. She advocates on behalf of survivors of domestic violence and sexual assault, which involves a broad range of civil law. She backs that experience with savvy in criminal law, having formerly worked in the Luzerne County District Attorney’s Office.

The Plains Township resident, a Democrat, strikes us as someone who would be a straight-talking judge with plenty of moxie. She has suggested that a watchdog group be created to regularly evaluate the county court using statistical reviews.

No matter the victors, this year’s judge candidates performed a service by concentrating public attention on, posing solutions for and critiquing the performance of our county court.

Tina at the WVIA Judicial Forum

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Times Leader: Plains attorney joins county judge race

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2/7/09 -Tina Polachek Gartley cites her experience as assistant D.A. and with justice center.

BILL O ’ BOYLE boboyle@timesleader.com

WILKES-BARRE – Tina Polachek Gartley said her decision to run for judge was based on several factors, but one was very clear and compelling to her.

“The times,” she said after announcing her candidacy in the rotunda of the Luzerne County Courthouse Friday night. “I’ve been watching what has been going on in our county and I decided I wanted to bring a new voice to the bench.”

Gartley, 42, of Plains Township, was surrounded by her family and about 200 supporters who braved the cold to hear her announcement. She is seeking one of three, and possibly four, openings on the county Court of Common Pleas. A Democrat, she intends to cross-file. “This is more than a campaign and more than an election,” Gartley said. “We are all here because we believe so strongly in what this magnificent building stands for – justice. Justice not only for the wealthy or the politically connected, but justice for the working man and the working woman; justice for our senior citizens; and yes, justice for our young. In a phrase, justice for all.”

Gartley said she grew up in a close-knit Polish family in Wilkes-Barre Township, where honesty, integrity, morality, humility, fairness and compassion were a way of life and not simply campaign slogans.

“They were expectations,” she said.

Gartley said she wanted to make a few things clear about the approaching campaign.

“All of us running for judge will travel around Luzerne County making profound statements promising to provide victims with the justice they so dearly deserve,” she said. “But too many times, after the election is over, and the cameras and the microphones are off, those promises fade and the silence on victims’ issues and injustices in society becomes deafening. For me, the promise will never fade.”

Gartley has been practicing law since 1991 with a focus on protecting the rights of survivors of sexual assault and domestic violence. She was previously a county assistant district attorney and is employed as the senior attorney at the Barbara J. Hart Justice Center in Scranton. She also is affiliated with the Kingston firm of Koff, Mangan, Vullo, Gartley and Lach.

Gartley and her husband, attorney Scott Gartley, have three sons, Shamus, Joshua and Ian.

Photo Credit: Fred Adams/Times Leader

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