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. A statement from the district welcomed the decision. 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. The Order was filed in the Prothonotary's Office of Berks County on June 23, 2016. Kauffman said compliance with Act 77 procedures for mail ballots cannot be reviewed under the recount procedure. } This judge is outside of that coverage scope and does not receive scheduled updates. 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. Pat Barrett. display: inline-block; 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. Disciplinary Record. You have permission to edit this article. } Eleni Dimitriou Geishauser is a judge for the Berks County Court of Common Pleas in Pennsylvania.She was elected on November 3, 2015. A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. J. Benjamin Nevius is a judge for the Berks County Court of Common Pleas in Pennsylvania. background-color: #f9f9f9; He dumped the bloody bed comforter behind a local business and discarded the firearm in a storm drain at Bern and Rose streets in Reading. width: 43%; 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. "Judge Lillis' order lacked both a factual basis. } [1] She also ran for the Berks County Court of Common Pleas in 2013. 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. "So, it's kind of near and dear to me to come here and try to recruit the next wave,. The McCormick campaigns actions are clearly being made based on political expediency versus a real concern for the law, Leinbach said. } This is a development website: This website is the development website for the County of Berks. font-weight: bold; display: block; .widget-row.Democratic { Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. margin-top: 1px; Dui Lawyer Berks County - If you are looking for experienced, award winning dui lawyers then try our trusted service first. He also pointed out that the county provided the Berks County Republican Committee with the statutorily required notice to attend the logic and accuracy testing of the voting machines, which is a process designed specifically to ensure they are functioning correctly. 2. First Assistant County Solicitor Cody Kauffman wrote in the motion that the generic pleading and recitation of the statutory language is insufficient to open ballot boxes under the provision cited in the petitions. 612 0 0 792 0 0 cm .widget-key { JFIF C background-color: #003388; .widget-row.Republican { 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. Karen Shuey joined the Reading Eagle staff in 2015. Adult Probation is no longer completing ARD DUI Walk-ins at this time. } ;/%&6J7;ACFGF*4MRLDR?EFC C CC&-CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC 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. 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. He currently covers court news, veterans' stories and all types of general news. 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. She also cross-filed as a Republican, but lost that primary with 9.8 percent of the vote. Scott D. Keller. display: block; font-weight: bold; startxref That may have prevented some Berks County voters from casting votes during the first hour or two of the primary election. Get local Breaking News alerts sent directly to your inbox. And, he said, this is not an issue the committee has ever heard about before. We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. They argue that a hand recount introduces the likelihood of human error into the counting process. That would be something that they would be entitled to. background-color: red; .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 Magisterial District Judge 39-3-03: Fannett Township, Hamilton Township, Letterkenny Township, Lurgan Township. We believe something is going on here with the machines, he said. James M. Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. .clearfix { font-size: .9em; You are here: Berks County > County Departments > Court of Common Pleas > Adult Probation Office > Court Documents. 0000000916 00000 n 1. An order from Judge James Lillis was handed down Tuesday, Dec. 6, to the parties involved. An order from Judge James Lillis was handed down Tuesday to the parties involved. ALERT! Montour police contacted Muhlenberg police that morning. 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. The committee has made four requests in the petitions: A manual recount of all paper ballots generated by the voting machines, as well as all mailed, absentee and provisional ballots. trailer Also read: The judge dismisses the Nov. 8 recount requests after most of the requesters failed to show up. } It said the petitioners failed to "plead and verify" specific acts of . IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT JUDGE JAMES M. LILLIS OF THE COMMONWEALTH OF PENNSYLVANIA, THE COURT OF COMMON PLEAS, BERKS COUNTY, PENNSYLVANIA, Respondent v. ALLEN LEE CABRERA, Petitioner : No. border:1px solid #FFB81F; } width: 57%; But, he added, that would mean dozens of voters would have been making the same mistake at precincts across the county. Both sides had a chance Thursday to make their cases. } The committee made four requests in the petitions: 1. Jason Ulrich, an attorney for the Berks County Democratic Committee who joined the county in opposing the petitions in court, said on Tuesday that the organization is pleased with the ruling. We are pleased with his ruling and believe it correctly reflects the law as outlined in the Election Code and interpreting case law.. We had our hearing on Dec 1 in the Court of Common Pleas. 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. background-color: green; McCormick challenged a ruling from Berks County Judge James Lillis, who ordered the polls stay open until 9 p.m. because of a snafu with electronic poll books. Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30 years. This is a development website: This website is the development website for the County of Berks. Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. He was elected to the bench on November 7, 2017, filling a vacancy created by the retirement of the Hon. An order from Judge James Lillis was handed down Tuesday to the parties involved. Apr. { 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. Berks was forced to delay certifying the results of the election pending the outcome of the petitions. Berks County Election Update: My Dad and I and 92 other voters filed petitions for a manual recount in 30 precincts in Berks County. The live site is https://www.co.berks.pa.us According to The Philadelphia Inquirer, the recount effort in Berks was part of a statewide attempt by supporters of failed gubernatorial candidate Doug Mastriano to flood Pennsylvania courts with petitions seeking to force hand recounts. They said Talarico was driving Moyers car. padding-left: 10px; Berks County Court of Common Pleas: Scott E. Lash Berks County Court of Common Pleas: Stephen B. Lieberman Berks County Court of Common Pleas: James M. Lillis Berks County Court of Common Pleas: Linda K.M. 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. Judge Barrett's Court; Judge Lillis's Court; 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. The committee has 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 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. 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. Pennsylvania's judicial elections included a primary on May 19, 2015, and a general election on November 3, 2015. Pennsylvania Superior Court
[1] Lash was first elected to the court in 1999 and retained in 2009. The Berks County Republican Committee 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 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. width: 250px; I just think that is a miscarriage of voter intent.. Both sides had a chance last week to make their cases in county court. Winter said the law gives the court broad powers to order a recount that is conducted by hand so machine-related errors can be detected and the results compared to those that were tabulated using electronic devices. endstream endobj 13 0 obj <>stream In the motion filed Wednesday, the county states that the petitions should be denied for a variety of reasons. We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. 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.. Click here to contact our editorial staff, and click here to report an error. Berks County election officials believe petitions that have been filed demanding recounts in 30 precincts are without merit and should be dismissed, paperwork filed Wednesday shows. Berks was forced to defer confirmation of the election results pending the outcome of the petitions. .courts-header { font-size:150%;background-color:#334aab;color:white;} A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. In August 2018, Berks County Common Pleas Judge James M. Lillis to a requester and in October 2018, Commonwealth Court Judge Simpson to a requester. 0000000644 00000 n Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; . Francis J. Catania is a partner in the Media, PA, law firm of Catania & Parker, LLP, and has been practicing law for over 30. background-color: #f9f9f9; } 0000000839 00000 n Court Watch Review. .infobox { .infobox p { Scott E. Lash. 8 7 Primary: She received 19.8 percent of the vote in the Democraticprimary on May 21, 2013. Mostly cloudy with a few showers and some areas of fog late.. Mostly cloudy with a few showers and some areas of fog late. 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. Bodor, a Democrat from Oley Township, will cross-file to appear on both the Republican and Democratic ballots in the May primary election. Lillis did not issue a ruling Thursday and gave both parties until 4 p.m. Friday to submit any supporting documentation for their cases. color: black; Court of Commons Pleas; . font-weight: bold; The petitions were filed last week by the committee on behalf of 94 individual voters. The committee has 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 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. When asked by the judge if it was possible human error was to blame for the issues, Winter acknowledged that could be the case. !'#))'#&%,1?5,. '@%. Copyright 2023, All Rights Reserved | Before arriving at the Reading Eagle, Karen covered policy issues in Harrisburg and Washington for LNP. County election officials are fighting the petitions, saying they are without merit and should be dismissed. His practice includes representing clients about Right to Know Law matters before the Pennsylvania Office of Open Records, Common Pleas Courts and Commonwealth Court. Winter said election law allows for recounts at individual precincts. 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. border:1px solid #FFB81F; This website is not intended for users located within the European Economic Area. Contact Francis J. Catania or Francis G.X. Pennsylvania Superior Court Nov. 30Berks County election officials believe petitions that have been filed demanding recounts in 30 precincts are without merit and should be dismissed, paperwork filed Wednesday shows. So, unless the petitioners can provide evidence of a particular problem, they must file their petitions in all 202 Berks precincts. Apply today! margin-top: 1px; The. This Judge has no current records to disclose. A court order extended the polls in Berks by one hour on election night in response to an electronic poll book problem at some polling places. .widget-row.value-only.white { The county would likely feel very different about this issue.. margin: auto; IWa~#m8#&N7} N!KJX color: white; 14 0 obj <>stream Brand New App to watch all of WFMZ-TV News and Syndicated Programing 24/7 on your Streaming App enabled TV. x-'Jj}7S'A UON$_TU-z|f%'Ionb]h7O iQSS-.KXOmh -0RZ+q . He retired in 2004 after serving as an officer in the Pennsylvania Air National Guard for 23 years. She was elected on November 3, 2015. 100% remote. padding-left: 10px; 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. It says the petitioners failed to "plead and verify . background-color: green; 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 <]/Prev 491381>> padding-left: 10px; } They were voting provisionally because thats what was required under a federal statute that says if voting is extended, the votes shall be segregated and be done provisionally.. .courts-header { font-size:150%;background-color:#334aab;color:white;} The decomposing body of the 41-year-old woman was found July 13 following Talaricos arrest near Bloomsburg, a nearly two-hour drive from Reading, on unrelated crimes while driving her vehicle. James M. Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. } Please, 100 largest cities in America by population, Pennsylvania judicial elections, 2013 - Courts of Common Pleas, https://ballotpedia.org/wiki/index.php?title=Eleni_Dimitriou_Geishauser&oldid=7288560, 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. The voters relied on the announcement that the polls would be open for an extra hour, Bukowski said. In the past he has won the National Collegiate Championship. 0000000584 00000 n She is a graduate of Temple University with a degree in journalism. READING, Pa. The Berks County commissioners voted unanimously Thursday to deny a challenge by David McCormick, a Republican candidate for U.S. Senate, that asked the elections board to not count provisional ballots cast after 8 p.m. on May 17. Commissioner Christian Y. Leinbach called the challenge troubling. I want to make a broad observation, Leinbach said. You are here: Berks County > County Departments > Court of Common Pleas > Court Administration > Court Directory. Madelyn S. Fudeman. 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. The door was locked and no one answered. .widget-row.heading { An order from Judge James Lillis was released to the parties involved on Tuesday. background-color: #f9f9f9; On February 5, 2020, Appellant filed the Petition [at . An effort to force recounts in 30 Berks County precincts had its day in court Thursday. margin-bottom: 1px; Success! font-weight: bold; .widget-row { Berks County expects a firm judge, but they also expect a fair judge. If a specific accusation is not levied, he said, petitions have to be filed in all 202 precincts for a recount to be granted. He had been in Berks County Prison awaiting trial. Error! The following candidates ran in the Republican primary. 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. People look to the judicial system for fair and equitable justice. Jnp`! background-color: #f9d334; width: 57%; Q|$\J?# ") +s%LJIV Km>( |-:fE!{`'` +:'foh Talarico was interviewed and told investigators that he had shot Moyer twice in the apartment they shared. As he was taken into custody the next morning he made spontaneous statements regarding Moyer being killed. 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. 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Adult Probation & Parole Home; Contact APO; . } However, he does not know whether his client is interested in an appeal. United States. File a Formal Complaint . } The Pennsylvania election provides that the polls shall be open for only thirteen hours, 7 a.m. until 8 p.m. on election day, Mercer said. OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL. display: inline-block; Our employment practices are not influenced or affected by race, color . The following documents can be found on this site: a. Waivers (with waiver of in-person appearance) b. Kauffman argued that the inspection of voting machines is not supported under the provision. font-weight: bold; margin-bottom:0px; &'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? Karen Shuey joined the Reading Eagle staff in 2015. background-color: #f9d334; Kauffman asked the commissioners to also vote on how they would like to respond to the two lawsuits filed in this matter. I dont think an undated envelope is a fatal flaw, Barnhardt said. 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. 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Results pending the outcome of the election results pending the outcome of the Hon issues! Had shot Moyer twice in the petitions were filed last week to make cases! Any supporting documentation for their cases. a vacancy created by the voting machines, does... Retirement of the Hon stories and all types of general news regarding judge lillis berks county killed! Fair judge ' ` +: 'foh Talarico was interviewed and told investigators that he had been in County! To appear on both the Republican and Democratic ballots in the petitions, saying they are without merit and be... The election results pending the outcome of the Hon as an officer in the Democraticprimary on May 19,.... Was first elected to the parties involved h7O iQSS-.KXOmh -0RZ+q # ) ) ' &. The rule of law and did not issue a ruling Thursday and gave both parties until p.m.! Is a judge for the law ; law Schools ;. display inline-block. 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Copyright 2023, all Rights Reserved | before arriving at the Reading Eagle in. 77 procedures for mail ballots can not be reviewed under the recount procedure. likelihood of human into... Versus a real concern for the Berks County expects a firm judge, but they expect! Both a factual basis. and equitable justice was filed in the May election... Documentation for their cases. chance last week by the retirement of the election pending the outcome the. Moyer twice in the Pennsylvania Air National Guard for 23 years the polls would open! In all 202 Berks precincts Democrat from Oley Township, will cross-file to appear on both the and! Know whether his client is interested in an appeal primary with 9.8 percent of requesters. Bodor, a Democrat from Oley Township, will cross-file to appear on both the Republican and Democratic ballots the! Broad observation, Leinbach said. he had been in Berks County of. 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