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Judges seek new terms on bench (with video)
Ten years ago, voters in Washington and Greene counties elected Paul Pozonsky and William Nalitz to their respective courts of common pleas.
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On Nov. 6, voters will again cast ballots for the men. However, voters now will decide to either keep these judges on the bench or send them packing.
While Pozonsky and Nalitz hope their judicial and legal experience will satisfy voters, they are facing an unusual obstacle.
PACleanSweep, a nonpartisan group advocating changes in state government, has organized a "vote no" campaign to unseat all judges facing retention who kept the pay hikes that were part of the 2005 legislative pay-raise package - 65 out of the 66 on the ballot.
It's the same group of activists who targeted Pennsylvania legislators for their middle-of-the-night vote to give themselves and judges a big pay increase and helped vote two dozen lawmakers, plus a Supreme Court justice, out of office last year.
While the pay raise for legislators was later reversed, the salary increase for judges remained intact. Judicial salaries now range from $74,566 for a district judge to $176,800 for the state's chief justice. Common pleas court judges' salaries were increased from $135,293 to $149,132.
Founded in summer of 2005, PACleanSweep claims 5,500 members. The group has spread the word of its campaign through the Internet and signs erected around the state by teams of volunteers.
"Look, they are citizens and certainly have a right to their opinion," said Nalitz, whose term on the Greene County Court will end Dec. 31, 2014, if he is retained, because Pennsylvania judges must retire at the end of the year in which they turn 70.
Nalitz said he ran for the job for whatever it paid in 1997 and was happy to be elected and happy to serve for whatever the job paid at that time.
"Since then, the salary has gone up, but I wasn't the one who raised it," he said. "Right now there is a salary established by the state Legislature, and although members attempted to reduce it, the state Supreme Court said it couldn't."
Nalitz said the salary was not an impetus when he decided to run for the job or why he is running for retention. "For an attorney in Washington and Greene counties, it is a pretty good salary, but I have had some proceedings here where I am the lowest-paid lawyer in the house," he said.
Nalitz said he has enough faith that the voters realize this retention vote involves more than this one issue raised by CleanSweep.
"Frankly, I don't know how important this issue is. I hope when voters make the decision whether to retain me or not, they make that decision based on my body of work over the last 10 years," he said.
The same is true for Pozonsky, who explained that the retention system is not designed for use by someone with a political agenda. Instead, it should be nonpartisan, and voting should be based solely on the judge's record, he said.
"It shouldn't be a one-issue debate," said Pozonsky. "It's something that happened two years ago that I had nothing to do with."
Pennsylvania's retention system was proposed by the constitutional convention of 1967-68 and was ratified by voters at the primary election held April 23, 1968.
PACleanSweep contends that since the system was put in place, judicial elections seemingly go unnoticed by voters and prove to be a "gimme" to judges who routinely sail through retentions by 3-1 and 4-1 margins.
Nalitz said he is aware many people don't realize there is a retention question on the ballot.
"But that is a good thing," he said. "I think that is what the Constitutional Committee intended, that judicial retentions are not visible and controversial."
He said if people are not reading anything about judges in the news media, those judges are probably doing OK.
Pozonsky said he is confident that his judicial record is strong enough for voters to elect him to another 10-year term.
"I believe I've served the residents of the county well," said the Muse native. "And, I sincerely believe I have not let those voters down."
Pozonsky said his past decade on the bench has been a tremendous privilege for him, and he has enjoyed every minute as judge. Since his election, he has handled more than 20,000 criminal cases, ranging from summary appeals to a death penalty murder case.
"I'm proud of the fact that none of those criminal cases have been overturned because of judicial error," he said.
According to Pozonsky, his most difficult case, by far, was the homicide case of Michele Tharp, who was convicted in 2000 by a jury of starving her 7-year-old daughter. Tharp was sentenced to die for her crime by Pozonsky. She remains on death row.
Pozonsky said one of his biggest accomplishments has been his involvement with the county's treatment court that was introduced in 2004. The court's purpose is to provide mental health and drug and alcohol treatment to nonviolent offenders who would otherwise face jail sentences.
"It's very rewarding to see folks reconnect with society," he said. "It's a passion that I'm proud of being involved in."
Nalitz first was elected to the bench after the General Assembly created a second judgeship for Greene County.
When Nalitz took office, he was somewhat amazed there was no backlog, considering Greene had been a one-judge county.
"I honestly didn't know how he did it," Nalitz said of President Judge H. Terry Grimes. "I have plenty to fill my days; it's certainly a full-time job."
Nalitz said when he was elected, "Judge Grimes told me, 'Anything that comes through the prothonotary's office will be yours, and anything that comes through the clerk's office will be mine.'"
Nalitz said that's been fine with him since his private law practice was geared toward civil litigation.
It may be a ruling in 2004 that will become his legacy in Greene County civil court. It was a decision that set the value of Allegheny Energy Supply Co's Hatfield's Ferry Power Station for each year, 2002 through 2004, at $7 million.
The case came before Nalitz after Allegheny Energy appealed the $79.4 million value placed on the plant during a reassessment by the county.
In hearings before Nalitz, an expert for the county testified the plant's value should be set at $11.5 million. The company's expert maintained the value of the plant should be established at $5.6 million.
The county appealed the decision, and a year later, Commonwealth Court agreed with Nalitz that the smokestacks, water intake and cooling towers are exempt from taxation because they are machinery or equipment, which is not taxable as real estate.
"My approach is to give people their day in court," Nalitz said. "I will let everyone have their say, at least as far as the law will allow."
JUDICIAL RETENTION
COURT OF COMMON PLEAS
TERM: 10 years
SALARY: $149,132
GREENE COUNTY COURT
WILLIAM NALITZ
Age: 63
Residence: Franklin Township
Education: B.A degree from Georgetown University in 1966; graduate of Duquesne Law School in 1973
Experience: Served in the U.S. Army as a first lieutenant from1966-68, including a tour in Vietnam. Before taking the bench, Nalitz practiced law in Waynesburg with the firm of Sayers, King, Keener and Nalitz, later King and Nalitz. During that time he served as solicitor for several townships and from 1992 to 1996 as solicitor for Greene County.
WASHINGTON COUNTY COURT
PAUL POZONSKY
Age: 52
Residence: North Strabane Township
Education: Bachelor’s degree from West Virginia University in 1977; law degree from Duquesne University Law School in 1980
Experience: Prior to becoming judge, Pozonsky served as magisterial district judge for 15 years. Since his election, he has handled more than 20,000 criminal cases, ranging from summary appeals to a death penalty murder case.
