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Rebuttals continue to follow attorney's accusations

Vanasdale calls process tough

More information is emerging regarding the accusations attorney Jennifer Vanasdale has made against two judges at the county courthouse.

Both family court judges in the Court of Common Pleas, Thomas Doerr and Kelley Streib, recused themselves from Vanasdale's cases after she unsuccessfully requested a special meeting of the Butler County Bar Association to discuss a sexual misconduct lawsuit against Doerr.

In a response she filed to Doerr's recusal from her cases, Vanasdale said that Streib shows favoritism toward two attorneys — who are Doerr's wife and the wife of the county district attorney, respectively — in appointing them to cases in which children need legal representation. That service is known in the legal world as guardians ad litem.

That part of the response caused Streib to also recuse herself from all cases involving Vanasdale.

Some say Vanasdale is raising the judicial issues to gain publicity for her run for county court judge or to operate a “drain the swamp” campaign.

Vanasdale maintains that this is impossible because she requested the bar association meeting before it was known that a judgeship would be available.

Covering the cases

On Monday, Streib said that she cannot comment on the situation because she feels it is political, and her ethical code of conduct as a judge precludes her from discussing political issues publicly.

But she confirmed that she recused herself from cases involving Vanasdale because of the allegations made against her regarding guardians ad litem attorneys.

Streib said that while she and Doerr are recognized as family court judges, any of the six judges at county court can hear family law cases.

“Other judges started hearing her cases immediately,” Streib said.

She said an Armstrong County judge last fall began hearing family court cases in Butler, but not because of the Vanasdale recusals. Streib said the judge was asked to come to Butler County court after former Judge Marilyn Horan, who was a family court judge, accepted an appointment in October to federal court in Pittsburgh.

“She was not harmed by having access to the court in any way,” Streib said.

Streib said she could not comment on her use of Lori Doerr and Rebecca Lozzi for guardians ad litem services due to state code of conduct requirements.

But she explained that recusing herself was the ethical move because litigants appearing in court might believe a ruling was based on perceived acrimony between herself and Vanasdale.

“I was hoping it would be temporary and we would get this all sorted out,” Streib said. “I had no idea that she was going to make it a political issue.”

Rebecca Lozzi, the wife of District Attorney Richard Goldinger, said Vanasdale is looking for an issue to make her stand out, instead of running for the judge slot on her own merits.

“What she is trying to portray and convince people of is not truthful and should not be a platform to run for judge,” Lozzi said.

Lozzi said Vanasdale's complaint about guardians ad litem use is “ridiculous,” as she has served in that capacity only seven times in the past nine years.

In a handful of those cases, Lozzi said, she was requested not by the judge, but by the parents in the case. In two cases, the family she served was indigent and she was paid $60 per hour.

Vanasdale also takes issue with Lozzi earning $180 per hour for guardians ad litem services. Lozzi said she has 20 years experience in representing children.

“That's what I'm worth,” said Lozzi, who added that she was one of two attorneys who were appointed as the county's first guardians ad litem.

She said the guardians ad litem appointment is hardly a moneymaker, as her clients are often disadvantaged and pay her monthly.

Lozzi said she is currently owed $10,000 for guardians ad litem cases. Some clients are on payment plans and others are in arrears, she said.

No action

Another part of Vanasdale's accusation is the county bar association's refusal to call a special meeting after Thomas Doerr was sued for sexual misconduct.

She said she called then-bar association President Maryann Bozich-DiLuigi in October 2017 to request the special meeting, but Bozich-DiLuigi told her to speak to Tom Breth because he would become president in 2018.

But Bozich-DiLuigi said Tuesday that the call went differently.

“At that time, she was asking for a special meeting,” Bozich-DiLuigi said. “I told her I was not inclined to schedule a special meeting at the request of one member.”

Bozich-DiLuigi said she consulted with Breth, then the vice president, and the executive committee on Vanasdale's request as well.

According to the bar's bylaws, any member can request a special meeting if they have two other members who also want the meeting.

“There was nothing proven (against Judge Doerr) at that time and I was not inclined to get in the middle of that,” Bozich-DiLuigi said.

Vanasdale claimed that when she turned to Breth as the incoming bar association president, he initially said he would consider a special meeting and then called the next day to say no meeting was necessary.

She said she asked Breth if he had told Doerr of her request for a special meeting over his case, and Breth said that he had.

After that, Vanasdale said Doerr recused himself from all cases involving her.

Vanasdale said shortly after that, it was announced that an attorney in Breth's firm would represent Doerr in the sexual misconduct lawsuit.

Breth, who is also a candidate for the judge position, sent the Butler Eagle a letter he penned last month to Al Lindsay, county Republican Committee chairman, regarding Vanasdale's accusations.

In the letter, Breth said that two former bar association presidents, the executive committee and the chief counsel's office of the Supreme Court's Judicial Conduct Board agreed that no action should be taken by the bar association regarding Doerr's lawsuit.

“Without exception, everyone agreed that the bar association should take no action at that time, that the federal courts and the Judicial Conduct Board were the appropriate forums to address allegations of misconduct (against Doerr) ... ” Breth's letter said.

Another view

Regarding Vanasdale's contention that Lozzi and Lori Doerr receive preferential treatment from Streib in getting appointed for guardians ad litem service, another attorney who provided the service until recently begs to differ.

Attorney Dennis McCurdy said the guardians ad litem attorneys are not competitive and are chosen according to their areas of expertise.

Asked if there was ever favoritism by any judge to choose one attorney over another, McCurdy replied, “I know there wasn't.”

He said the judges considered the child or children, their situations, families and kinds of problems when deciding on an attorney to appoint as a case's guardian ad litem.

“They would pick carefully based on who they felt best served the needs of the case and the children,” McCurdy said. “They're not just picked from a list.”

Regarding the hourly rate requested by the attorneys, McCurdy said they might make $200 in private practice and ask for half of that as a guardian ad litem.

“We never took these positions to supplement our practice,” he said. “It was pretty much to assist the courts with difficult custody cases.”

If the rate requested outpaced what the family was capable of paying, the judge would choose another attorney, McCurdy said.

As for Lozzi and Lori Doerr, McCurdy said they both checked with the appropriate state officials to ensure they could practice as guardians ad litem.

He said Judge Doerr never appointed his wife as a guardian ad litem and never pressured any other judge to do so.

“I have nothing but the highest regard for the court system in Butler County,” said McCurdy, who has served as an attorney since 1991.

Difficult circumstances

Vanasdale said the whole process has been tough, from the time she requested the special meeting of the bar association.

She said she did not attempt to gain the support of two other attorneys to press for a special meeting because she knew Breth talked to other members about her request and none supported her.

“It was clear to me that it would not be received by the bar,” Vanasdale said. “I was certainly afraid there would be retaliation if I did it with just (the attorneys in) my office.”

She said she contacted the bar association to request a special meeting to follow protocol, so that any potential meeting on the Doerr lawsuit would be initiated by the association and not herself.

Vanasdale did not deny it was proper for Breth to ask the advice of past presidents and others in the association regarding her request, but she feels he should have informed her that he planned to do so.

“When he spoke to others in his firm, it is very clear and apparent that they told the judge,” she said.

Regarding the timing of importing the Armstrong County judge to hear cases in Butler County, Vanasdale said she feels it was a combination of losing Judge Horan and the two family court judges recusing themselves from her cases.

Vanasdale said the state judicial code of conduct rule she meant to cite, which she said shows that Lozzi and Doerr should not be guardian ad litem attorneys because of their husbands, was the one that prohibits nepotism and favoritism.

Vanasdale said taking on these issues has been very stressful. She was particularly affected by the meeting with Streib in which she said she was given no agenda, so that she could be ambushed on raising her concerns.

“From that moment on, it's been very difficult,” she said.

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