Jury post letter called threat
Butler County Commissioner Bill McCarrier said Wednesday the commissioners won’t be blackmailed into retaining the jury commissioners.
McCarrier, board chairman, said at the commissioners meeting that a July 16 letter from Larry Thompson, president of the Pennsylvania State Association of Jury Commissioners, appeared to be a threat.
“The letter we received almost seems like blackmail to me,” he said.
The letter stated the commissioners needed to extend the two part-time posts past 2013 to avoid a lawsuit filed by the three jury commissioner candidates in the May primary.
According to the letter, “There does exist a right and honorable way to bring about resolution and avoid litigation.”
Thompson, who did not attend the meeting, said in an interview the letter was only offering a resolution to the debate.
“It was an expression of good will and an overture,” he said.
Thompson said the prospect of litigation was mentioned as early as May 23, when the posts were abolished.
“This should not be a surprise to them,” he said.
Jury Commissioner Jon Galante agreed the board was not threatened.
“They have given us no other option,” Galante said after the meeting. “It’s not blackmail.”
McCarrier and Commissioner Dale Pinkerton in May voted to eliminate the jury commissioners, whose job is to select jury pools for court cases.
Commissioner Jim Eckstein, who supports keeping the posts, was absent from the May 23 meeting to attend a conference in Harrisburg.
McCarrier and Pinkerton cited cost savings as the impetus for the job cuts. This year’s budget allots $71,000 for the jury commissioners’ salaries and benefits.
County court administration maintains the duties of the jury commissioners could be absorbed without adding staff.
During the commissioners meeting Monday, McCarrier and Pinkerton said they would not rescind their May 23 vote.
Eckstein unsuccessfully argued to include the issue on the agenda for Wednesday’s meeting.
He tried again Wednesday, saying the board never voted to exclude the item from the agenda.
“We should leave it on there,” Eckstein said.
County solicitor Mike English said official votes to set agenda items were unnecessary.
In response to the commissioners’ comments Monday, Galante read a statement during the public comment portion of the Wednesday meeting.
“You were given numerous chances to avoid litigation,” he said. “All avenues have been traveled. A lawsuit is the right thing to do.”
Along with Galante, Democratic Jury Commissioner Clinton Bonetti and Pat Stirling, Galante’s opponent in the May primary, would be the plaintiffs in the lawsuit to be filed in county court.
Galante said the county doesn’t spend the entire amount budgeted for jury commissioner benefits because he only has individual coverage.
“Nothing screams power trip like taking away somebody’s $6,000-a-year health benefits when the county spends over $96 million a year,” he said.
McCarrier reiterated he was disappointed Thompson, the deputy register of wills/clerk of orphans’ court, and Bonetti, who are both paid by the county, would threaten litigation.
“This will surely cost the taxpayers’ unnecessary money,” McCarrier said.
He defended the May 23 vote.
“This is in accordance with the legislation passed by the state,” McCarrier said.
Gov. Tom Corbett signed the new law in May. The jury commissioner association subsequently challenged the legality of the law in state court.
The case is pending in state Commonwealth Court.
Pinkerton said if the state court does rule jury commissioners must be kept, he would push for their benefits to cease.
McCarrier said he hadn’t thought about that prospect.
“That’s an issue we would research,” he said.
Eckstein does not support eliminating jury commissioner benefits.
“I wouldn’t even consider them not having health care,” he said.
Thompson said it shouldn’t matter whether jury commissioners are part-time because they are elected posts, which receive benefits in Butler County.
He criticized the commissioners for considering making the change.
“It’s retaliatory.” Thompson said.
McCarrier said the plaintiffs of the pending lawsuit should wait until the state court case is resolved.
He questioned why they would not object to a vote next year ending the posts at the end of 2014.
“Do they really believe in the position of jury commissioner or are they just being self-serving,” McCarrier said.
He said the posts are now superfluous with computerized lists of potential jurors.
“If we hadn’t taken that action, we would have been negligent,” McCarrier said.
