Potter County District Attorney Jeff Leber is asking for
District Judge Annette Easton to be disqualified from hearing most
criminal cases in her jurisdiction, claiming she has a “S-t List”
of police officers who have reported her for alleged judicial
misconduct and alleging she refers to Leber himself as “The Evil
One.”

In a motion filed in the Potter County Court of Common Pleas on
Nov. 16, Leber alleges that the following law enforcement officers
are on the “list:” Coudersport-based state troopers David Burd,
Jacob Rothermel and Daniel Hines, as well as Coudersport Police
Department Sgt. James Collins, who is also a deputy sheriff, and
Coudersport Borough Police Officer William Wenzel.

The motion reads that on Nov. 5, Easton was the magistrate on
call and was called to her Coudersport office to arraign someone.
While there, she “expressed considerable annoyance” with Burd, the
arresting officer. She explained that “she was unhappy with him
because he reported what he believed to be judicial misconduct on
the part of (Easton) to appropriate court officials … and to ‘The
Evil One,'” the motion reads, alleging Easton was referring to
Leber.

Easton then allegedly told Burd “that he and other police
officials were on her ‘S-t List.'” She then allegedly showed him
and Rothermel an actual list containing names and “derogatory
statements about each” officer listed there, Leber contends in the
motion for disqualification.

Leber also alleges that Easton used many obscenities, including
calling the troopers “f-ing liars.”

On Nov. 7, Sgt. Todd Weltmer and Cpl. Kerby Young of the state
police went to see Easton, Leber explains in the motion. She
allegedly confirmed to them that she had made the “list,” and made
the statements to Rothermel and Burd.

The motion reads that Easton told the officers “that it was the
fault of those law enforcement officers named that she had been
compelled to pay $700 in attorney’s fees defending herself.”

Leber states in the motion that “the statements and conduct of
(Easton) show her obvious bias and prejudice against the specific
named members of the law enforcement community as well as law
enforcement in general.”

Further, he alleges that Easton’s alleged “conduct and
statements … show her lack of comprehension of the judicious
temperament required of a judge” and that “as a result of her clear
inability to be fair and impartial relative to cases involving the
named law enforcement officers, she should be disqualified from
hearing any cases involving them.”

Leber also accused her of “violating the Standards of Conduct of
Magisterial District Judges” and requests that Judge John Leete
disqualify her from cases involving those particular officers or
from hearing misdemeanor or felony cases involving the District
Attorney’s office.

That would leave Easton to hear summary traffic violations and
some civil matters.

Leber did not immediately return a call seeking comment Friday
evening.

Samuel Stretton, the West Chester attorney representing Easton,
has filed a motion to dismiss the charges.

“Motions to recuse a judge have to be presented directly to
her,” Stretton explained Friday afternoon, “not to the Court of
Common Pleas.”

He explained that all questions to Easton should be directed to
him and he would speak on her behalf.

A hearing has been set for Dec. 8 at 1:15 p.m. to argue the
matter in front of Leete. Stretton would not get into specifics on
the case, saying that would come out at the hearing.

“We do not agree with all the allegations here,” he said,
refusing further comment on the issues.

Instead, he said the root of this problem lies with Leber.

“This district attorney constantly makes complaints against
district judges in Potter County. He creates a tense environment.
He encourages police not to respect their offices,” Stretton said.
“We think that’s wrong. Mr. Leber’s been harassing her and other
district judges for years, creating a very untenable situation.

“Thank God Mr. Leber lost the election,” Stretton added.
Coudersport attorney Dawn Fink has been elected district attorney,
having defeated Leber in the May primary.

However, Leber challenged Fink’s candidacy, saying she had not
resided in Potter County long enough to be a candidate for the
office. Fink’s candidacy and victory in the election was upheld by
Clinton County Judge J. Michael Williamson after Leete recused
himself from the case.

In Stretton’s motion to dismiss, he says that Leber’s motion is
“in direct violation and contrary to existing Pennsylvania case
law.”

“Judge Easton disputes some of the facts and further states the
facts are not in proper context of continued harassment of her by
the district attorney and some of the police officers.

“Further, the decision to disqualify is one that under
Pennsylvania case law is left to the judge to decide. It is not
decided by another judge initially. Further, some of the officers
have appeared before Judge Easton since the alleged incident and
have not sought recusal,” Stretton said in the motion.

He added that Easton was not served with Leber’s motion in the
case, but was given a copy of it by an attorney who saw it at the
courthouse.

Leber has been at odds with Stretton and Easton in the past. In
2003, Easton and Shinglehouse District Judge Barbara Easton were
represented by Stretton when they went to The Potter
Leader-Enterprise weekly newspaper to discuss alleged problems with
Leber.

The magistrates would dismiss charges against a defendant. And
then, Stretton said, Leber’s office would rearrest the defendant on
the same charges to get a hearing before a different
magistrate.

Leber said the magistrates had made rulings that were biased
against law enforcement.

Leber ultimately sued the Leader-Enterprise for defamation, and
Stretton for comments he made in the article.

The defamation case remains ongoing at this time.