Attorney Eric Winter, who argued on behalf of the Berks County Republican Committee, disagreed with Kauffmans assessment, saying the language in the law that allows for recount petitions doesnt include that language. Examination of the outer envelopes of all absentee ballots submitted by Berks voters to compare the signatures with the voter signatures recorded in the Statewide Uniform Registry of Electors system. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania Please contact Lisa A. Siciliano, . As Petitioners did not satisfy either requirement, the Court affirms Common Pleas order, Wallace wrote in her 26-page ruling. trailer Kauffman said petitions filed under this provision of the law should not be fishing expeditions, saying what the committee is asking for is way beyond the scope of what the law allows. } } There is not a requirement of evidentiary background.. .courts-header { font-size:150%;background-color:#334aab;color:white;} The committee wants the county to make all voting equipment, including the voting machines, available for inspection and testing. width: 150px; Magisterial District Judge 39-3-03: Fannett Township, Hamilton Township, Letterkenny Township, Lurgan Township. Mercer also made the argument that the problem with the poll books did not exist in all 202 voting precincts, which made the decision not appropriate to keep all polls open for an extra hour. The petitions were filed under a little-known provision of the state elections law that allows a districts results to be recounted if three voters from the district pay $50 and petition the district court believing there was fraud or error appeared. According to The Philadelphia Inquirer, the recount effort in Berks is part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts. The committee wants the county to give its attorney the names of voters who cast their ballots on the machines on Election Day, through the mail and by provisional ballot. Pennsylvania Court of Common Pleas We want to examine these machines so we can see exactly what is going on. This would be a very different conversation if these voters requested a recount based on actual evidence, he said. The county would likely feel very different about this issue.. Leinbach noted that the reason the commissioners did not object to the petition to Lillis was because they wanted to be fair to any affected voters who were unable to cast ballots in the morning of May 17. (610) 678-5393 Fax. Someone has to program each machine, which means there could have been an error made then.. However, he said, he does not know if his client has an interest in appealing. An order from Judge James Lillis was released to the parties involved on Tuesday. The Oz and McCormick campaigns have been fighting over a number of issues, including the provisional ballots. More and more of what is ultimately deciding elections is not the vote or necessarily the law, but rather the results of litigation. Contact Francis J. Catania or Francis G.X. [1] She also ran for the Berks County Court of Common Pleas in 2013. Any facts that were going to be presented to Judge Lillis needed to be presented by way of a verified petition. Disciplinary Record. .courts-header { font-size:150%;background-color:#334aab;color:white;} Winter said that allowing the verification of signatures on mail ballots would ensure there were no forged ballots cast. They said Talarico was driving Moyers car. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Honorable James M. Lillis Court of Common Pleas of Berks County Berks County Services Center 633 Court Street Reading, PA 19601 phone: 610-478-6208: Berks County 23 . Before issuing their decision, the commissioners conducted a public hearing during the elections board meeting. The county appreciates the time and attention Judge Lillis has devoted to this matter, it said. The purpose of this blog is to provide information about the Pennsylvania Right to Know Law and related statutes and decisions. Please, 100 largest cities in America by population, https://ballotpedia.org/wiki/index.php?title=James_M._Lillis&oldid=7290454, Pages using DynamicPageList parser function, Pennsylvania common pleas court judges, Berks County, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections, Board member, Center for Excellence in Local Government at Albright College, Board member, Bellco Federal Credit Union, Counsel, 193rd Special Operations Wing Association. Ballotpedia does not currently cover this office or maintain this page. '@%. In the past he has won the National Collegiate Championship. font-weight: bold;
} Kauffman argued the provision does not require a hand recount, it merely requires that the vote should be recounted by people designated by the court. .widget-row.Green { .widget-row.value-only { } Attorney Eric Winter, who argued on behalf of the Berks County Republican Committee, said shortly after the order was available late Tuesday morning that he had yet to see it and review it with his client. } The Committee made four motions in the petitions: 1. The Honorable James M. Lillis of that court granted summary judgment to Brobst Sr. and a judgment for possession which granted him sole ownership and the sole right to possession of the Real Property by Order signed on June 22, 2016. The petitions were filed last month by the committee on behalf of 94 individual voters. background-color: grey; Pennsylvania Commonwealth Court The motion further contends that any request for inspection by unqualified parties risks decertification of the voting machines. However, he does not know whether his client is interested in an appeal. He said the most accurate way to conduct a recount is by using machines specifically designed to accurately count votes, explaining that a hand recount introduces a likelihood of human error into the counting process. padding-left: 10px; The county argues that the provision does not require a hand recount but merely requires that the vote should be recounted by people designated by the court. The committee did not send a representative or otherwise attempt to participate in the testing, the results of which confirmed the machines were functioning correctly. Lastly, the county says the election department already performed a statistical recount of the votes cast in the 2022 general election and found that the results were accurate. The response from the county also states that many of the other requests in the petitions should be denied because they are contrary to the purpose and scope of a recount under the provision they cite. ipp sentence pa, ard in pa for dui, ard dui program, judge lillis berks county, berks county judge, berks county dui arrests, judge eleni dimitriou geishauser, ard for dui Algorithm to authorities, but gets lost, mugged or . .widget-row.Democratic { During an hour-long hearing in front of Berks County Judge James Lillis, attorneys representing the county and Berks County Republican Committee laid out their reasons for why. IWa~#m8#&N7} N!KJX She also cross-filed as a Republican, but lost that primary with 9.8 percent of the vote. Commonwealth Court dismisses Berks GOP election, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Commonwealth Court dismisses Berks GOP election recount petitions, Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, an appeal by the Berks County Republican Committee, filed petitions to have votes in 30 Berks precincts recounted, The petitions were dismissed by Berks Judge James Lillis, saying they were without merit and should be dismissed, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. } The petitions were dismissed by Berks Judge James Lillis on Dec. 6. A hearing about the petitions will be held before Berks County Judge James Lillis on Thursday morning. Mike Urban joined the Reading Eagle as a metro reporter in 2002, and since then has covered a wide range of beats and topics across Berks County, including working as an investigative reporter. .widget-key { This is a development website: This website is the development website for the County of Berks. background-color: #f9d334; border:1px solid #FFB81F; width: 43%; } The following documents can be found on this site: a. Waivers (with waiver of in-person appearance) b. display: inline-block; s+ZBiS? .clearfix { Decision Clarifies Requirements for Affidavit of RTK Officers, Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request, Pennsylvania Supreme Court: Open Records Officer's Delegation of Search For Responsive Records Deemed Bad Faith; Attorneys' Fees Awarded, ordered the City of Reading to pay $12,071.75 in legal fees, ordered Pennsylvania Department of Corrections to pay $118,458.37 in legal fees, PENNSYLVANIA FREEDOM OF INFORMATION COALITION, PENNSYLVANIA'S UNIFIED JUDICIAL SYSTEM PUBLIC ACCESS TO COURT RECORDS, WHERE TO OBTAIN COMMONLY REQUESTED RECORDS, Recent OOR Determination Clarifies Appeal Deadline. McCormick has also filed petitions in the Commonwealth Court and with the Pennsylvania Supreme Court to have undated and unsigned mail-in ballots counted, in opposition to current law. This was done. This Judge has no current records to disclose. In a similar case in Forest County, Kauffman said, a judge threw out petitions for that exact reason. margin: auto; Karen Shuey joined the Reading Eagle staff in 2015. Court Watch Review. The petitions were tabled by the committee last month on behalf of 94 individual voters. oI n @ @ @ @ @ @ ~a@X>jwT)$)$\n E39-)o2y P8$)7 #~j^\4O@? Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. This judge is outside of that coverage scope and does not receive scheduled updates. 8 0 obj <> endobj The results of the 2022 election have been certified by the county elections board and the state. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; . Judge Lillis's Court; ARD DUI Rules; CRN Information; Court Documents; Probation Contact Information; Internships; DUS - DUI Related; r?; Y n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ NC6g?(P n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ #kK That may have prevented some Berks County voters from casting votes during the first hour or two of the primary election. %%EOF Committee officials have said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. The petitions were filed last week by the committee on behalf of 94 individual voters. Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. She is a graduate of Temple University with a degree in journalism. To examine the outer envelopes of all mail ballots cast by Berks voters to compare the signatures with the voter signatures on record in the Statewide Uniform Registry of Electors System. Judge Barrett's ARD In an effort to streamline upcoming ARD Court; all required documents and forms, as well as instructions in their use, are provided in this section of the website. David L. Plum. An email has been sent to with a link to confirm list signup. People look to the judicial system for fair and equitable justice. The petitions were filed under a little-known provision of state election law that allows a precincts results to be recounted if three voters from the precinct pay $50 and file a petition in county court saying they believe fraud or error occurred there. Following the November election, the committee and a group of 94 voters filed petitions to have votes in 30 Berks precincts recounted. font-weight: bold; He said he brings to the table 20 years of impactful experience in the legal . We had our hearing on Dec 1 in the Court of Common Pleas. He said that since these machines have been in use for several years they would have expected to hear about this issue before this election. Click here to contact our editorial staff, and click here to report an error. Lillis did not issue a ruling Thursday and gave both parties until 4 p.m. Friday to submit any supporting documentation for their cases. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Berks judge dismisses election recount petitions [Update], Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, Berks was forced to delay certifying the results, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. |al @9# X ( H%D =5"|2+" HI "@&@jBbzVe$ )S }@OJ u 26There are five candidates seeking the Democratic and Republican nominations in the primary for two judgeships on Berks County Court. Ballotpedia features 395,441 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Chief among them is that no fraud or error was committed in the computation of the votes cast or in the marking of the ballots. OF BERKS COUNTY, PENNSYLVANIA NO. The Berks County Board of Elections submitted a response to petitions that were filed last Monday in county court. Adult Probation is no longer completing ARD DUI Walk-ins at this time. %PDF-1.4 % Under certain circumstances, the judge may overrule the jury's determination or damage award. Click here to contact our editorial staff, and click here to report an error. width: 57%; font-weight: bold; Jill Gehman Koestel. Montour Township officers in Columbia County arrested Talarico on July 12 after receiving a call the previous night about an person driving a vehicle through yards. .widget-row.heading { color: black; Theresa Johnson. We are pleased that the opinion affirms Judge Lillis initial ruling and believe the courts continue to follow the law as outlined in the Election Code and interpreting caselaw.. He represents Pennsylvania municipalities, municipal authorities and schools in responding to Right to Know Law requests and assists private clients who use the Right to Know Law to request documents from state and local government agencies. 0000000916 00000 n The committee did not send a representative to this testing or otherwise attempt to participate in the testing, the results of which confirmed the machines were functioning correctly. "So, it's kind of near and dear to me to come here and try to recruit the next wave,. He said if no specific charges were filed, motions would have to be made in all 202 counties for a recount to take place. Scott D. Keller. word-wrap: break-word; font-weight: bold; <]/Prev 491381>> The motion further contends any request for inspection by unqualified parties risks decertification of the voting machines. The petitions were filed under a little-known provision of state election law that allows a precincts results to be recounted if three voters from the precinct file a petition in county court saying they believe fraud or error occurred there and those voters pay a combined $50. .widget-row.value-only.white { font-weight: bold; Winter said the committee believes an inspection of the voting machines is the only way to get to the bottom of what happened on Election Day. background-color: red; hb```a``t,A lWPXA wgg`k@ ` ` $ The door was locked and no one answered. .widget-key { .widget-row.Democratic { Commissioner Christian Y. Leinbach called the challenge troubling. He told them that they would hear a decision as soon as possible after that. width: 250px; The names of voters who cast their ballots on the machines on Election Day, through the mail and by provisional ballot. He currently covers court news, veterans' stories and all types of general news. margin-top: 1px; The courts do have general supervisory powers over the polls to ensure compliance and to carry out the intent of the election code regarding the polls being open.. Attorney Eric Winter, arguing on behalf of the Berks County Republican Committee, said shortly after the order became available late Tuesday morning that he has yet to see it and review it with his client. margin-bottom:0px; 100% remote. Get up-to-the-minute news sent straight to your device. A state Commonwealth Court judge has dismissed an appeal by the Berks County Republican Committee seeking a manual recount of votes cast in a handful of precincts during the 2022 general election. OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL. Court of Common Pleas Judges (610) 478-6208 Court Reporters 14th Floor Courthouse (610) 478-6467 Domestic Relations 6th Floor Services Center (610) 478-2900 The District shall make all voting equipment, including voting machines, available for inspection and testing by a duly authorized agent. She covers county government as well as policy issues at the state and federal level with a local focus. We believe something is going on here with the machines, he said. from the University of Pittsburgh Law School in 1982. A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. The county to make all voting equipment, including the voting machines, available for inspection and testing by a duly authorized representative. display: inline-block; Over the course of his judicial career, Yatron reorganized the adult and juvenile probation departments into the Probation and Parole Department. The county argues that the inspection of voting machines is not supported under the provision. ALERT! Thats a fatal defect of these petitions, he said. display: block; font-weight: bold; width: 150px; Kauffman said compliance with Act 77 procedures for mail ballots cannot be reviewed under the recount procedure. Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. 13 min read. background-color: red; Adult Probation & Parole Home; Contact APO; . .widget-row { Feb. 14With a two-decade law career in both private and public practice, Berks County Assistant District Attorney Justin Bodor is now seeking election as a county judge. ROLL CALL: Upon roll call, Supervisors Stuck, Royer, Wertz and Kocher were present. .widget-row.heading { The live site is https://www.co.berks.pa.us
float:right; font-weight: bold; font-weight: bold; Prior to his election, Lillis worked as a shareholder at Kozloff, Diener, Payne & Fegley, where he specialized in municipal, land use, and education law matters. The judge is responsible for formally sentencing the defendant at a later hearing. And, he said, if fraud or error is found on those recounts it would trigger a full recount at all precincts. The county states that this request falls outside the scope of what is permissible under the provision and is an improper attempt to gain access to information without going through the proper requirements and procedures set forth in the election code and Right-to-Know law. Officers responded to the apartment to check on Moyer. The judges of the Berks County Court of Common Pleas include: A. Joseph Antanavage Pat Barrett Madelyn S. Fudeman Eleni Dimitriou Geishauser Theresa Johnson Jill Gehman Koestel Scott E. Lash James M. Lillis Thomas G. Parisi Timothy J. Rowley Peter W. Schmehl Jeffrey K. Sprecher Mary Ann Ullman Paul M. Yatron Senior judges James M. Bucci ICC's: Judge Boyd will hear the ICC cases in January 2023, then Judge Lillis will begin hearing the ICC cases in February 2023. My life-experiences will allow me to handle this incredible responsibility, with unwavering ethics and strict respect for the laws of our land. Both sides had the opportunity to present their cases in the district court last week. An order from Judge James Lillis was handed down Tuesday to the parties involved. background-color: #f9f9f9; Click here to contact us for media inquiries, and please donate here to support our continued expansion. width: 250px; The. background-color: grey; Copyright 2023, All Rights Reserved | BERKS COUNTY, PA 2850 WINDMILL RD. Kauffman asked the commissioners to also vote on how they would like to respond to the two lawsuits filed in this matter. No attorney/client relationship is formed and no legal advice can be given, unless and until a formal and fully executedfee agreement is entered into, and a retainer received. border:1px solid #FFB81F; Bodor, a Democrat from Oley Township, will cross-file to appear on both the Republican and Democratic ballots in the May primary election. Pileggi with questions, though we cannot guarantee a reply to all requests. Eleni Dimitriou Geishauser is a judge for the Berks County Court of Common Pleas in Pennsylvania.She was elected on November 3, 2015. Jeff Bukowski, an attorney representing the Oz campaign, said the provisional ballots were cast by voters through no fault of their own. On February 5, 2020, Appellant filed the Petition [at . .widget-row.Libertarian { Jason Ulrich, an attorney for the Berks County Democratic Committee who joined the county in opposing the petitions in court, said Tuesday that the organization is also very pleased with the ruling. } Ms. Smith attended Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. An order from Judge James Lillis was handed down Tuesday to the parties involved. 0000000584 00000 n Franklin County is an Equal Opportunity Employer and provides advancement opportunities to everyone. Berks elections board denies McCormicks challenge to counting provisional ballots, How the 'Daisy Jones' cast went from beginners to bandmates, Abbott Elementary: Chris Perfetti on Jacobs Mural Meltdown & Big SAG Awards Win, Jonathan Majors flexes his acting muscle, turns heavyweight, Jimmy Kimmel: Im fighting to lose weight before Oscars because I looked like a homemade sausage!, Olivia Wilde ready to date again after Harry Styles split but only with amazing guy, Stormcenter - School / Business Application. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania Cody Kauffman, First Assistant County Solicitor, argued that the petitions should be dismissed because they contain no evidence of a specific act of fraud or error. !1A"Qaq#2BR$3br%&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz After officers went inside and secured a dog in the apartment, they found Moyers body with what appeared to be a gunshot wound to the head. According to The Philadelphia Inquirer, the recount effort at Berks was part of a nationwide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions aimed at forcing hand recounts. background-color: #f9f9f9; First Assistant County Solicitor Cody Kauffman argued that the petitions should be denied because they do not present evidence of a specific act of fraud or error that occurred.float:right; } padding-left: 10px; Dec. 6 A Berks County judge has dismissed petitions by the Berks County Republican Committee seeking a recount of ballots cast during general elections in 30 counties in the county. Pennsylvania Court of Common Pleas Stephanie Weaver, county public relations officer, issued the following statement: The County of Berks appreciates the attention Commonwealth Court Judge Stacy Wallace gave to this case. background-color: white; She was elected on November 3, 2015. Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. } font-size: .9em; float: right; Talarico was interviewed and told investigators that he had shot Moyer twice in the apartment they shared. background-color: green; Error! vertical-align: top; { Get local Breaking News alerts sent directly to your inbox. James M. Lillis. James M. Lillis Berks County Court of Common Pleas. Apply today! from the Dickinson School of Law.. Career I just think that is a miscarriage of voter intent.. 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