Log In


Reset Password

Mayors want central location for hearings

A discussion underway within the Carbon County courthouse could end with a change of how preliminary hearings are handled.

Current practice has those accused of a criminal offense visiting one of four magisterial district judge offices around the county, depending on where the incident occurred.Defendants can then waive their right to a preliminary hearing or go forward with the hearing, in which case the prosecution must meet a basic burden of proof to move the case forward to the Carbon County Court of Common Pleas.Sgt. Jack Soberick of the Lansford Police Department, along with many of the mayors in the county, support a "Central Court" system, under which all hearings for the week would be handled on one day in the Carbon County courthouse."The district court offices are overcrowded on Wednesday, when the hearings are held now," Soberick said. "Sometimes it is to the point where defendants, attorneys and officers are lined up outside waiting for their hearing. It's actually a security concern as well."Roberta Brewster, Carbon County court administrator, said the idea is being discussed among Carbon's common pleas judges, but the talks are still in their infancy.Pros and consBrewster said there are arguments to be made on both sides of the aisle."It's less convenient for the magistrates because they would have to travel and bring a staff person with them to complete the paperwork on the weeks they are on duty," she said. "The district attorneys are already housed in the courthouse, so for them it may be more convenient. It's still in the discussion phase right now."Carbon County District Attorney Jean Engler said she has mixed feelings, depending on how the system would work."I'm willing to try whatever would be a more streamlined process," she said. "My concern is always having staff to cover everything."Engler sends two or more assistant district attorneys, depending on caseload, to preliminary hearings across the county each Wednesday."My concern is that if all four judges start at 9 a.m. and go at the same time, I'll need four people," she said.Brewster said that likely wouldn't be the case."If it would happen, the magistrates would rotate oversight of all the cases for that particular week," she said.Soberick said the criminal caseload in Lansford is booming and the trend is consistent across the county.Heavy caseloadLansford ended 2014 with 8,122 calls for service, which are around 2,000 more than in 2013.Jim Thorpe Police Department recently reported 63 people were charged with drug-related offenses in the borough in 2014, shattering a previous record.Engler said her office is trying to sign criminal complaints as they come in."That way, we're not signing a batch at one time and we have a whole bunch of hearings that week," she said. "We do have a lot of cases coming in. I'm so proud of my staff for signing these complaints so quickly. I just went back out and there are nine more sitting there."While sheriff's deputies transport prisoners to their common pleas court dates, it is the responsibility of the officer who brings the charges to transport an incarcerated defendant to the preliminary hearing."It can be a challenge when you're trying to keep your eye on a prisoner and at the same time, trying to have a confidential discussion with an attorney," Soberick said. "Inside the courthouse, the prisoner could be kept in a secure area."Lehighton Mayor Tom Mase said there was a recent issue with one of his officers after a backup inside the magistrate's office."Our officer was outside having a conversation and it turned out someone was actually recording the audio of what they were saying," Mase said. "There is no expectation of privacy when you are outside the building."Soberick, along with Lansford Mayor James Romankow, met with representatives from the courts, district attorney's office and the prison, among others, to discuss his concerns."I think it was a productive meeting," he said.During a January meeting of the Carbon County Mayor's Association, the mayors said they would keep the lines of communication open with the stakeholders because the issue "isn't going to go away."

RON GOWER/TIMES NEWS A lawyer consults with his clients on the porch at the office of District Judge Casimir Kosciolek of Lansford. Outside consultations are common, because of tight quarters in the waiting room.