Despite denying a motion to disqualify District Judge Annette
Easton from hearing most criminal cases on Thursday, Potter County
President Judge John Leete on Friday issued an administrative order
doing exactly that.
“…pursuant to the authority vested in this court by … the Rules
of Conduct, Office Standards and Civil Procedures for Magisterial
District Judges, it is ordered that Magisterial District Judge
Annette L. Easton shall hear no criminal cases prosecuted by the
Pennsylvania State Police or Officers Collins and Wenzel of the
Coudersport Borough Police, pending further order of the court.
“Likewise, she will hear no other criminal cases personally
prosecuted by the district attorney of Potter County or the
assistant district attorney of Potter County, all pending further
order of the court.”
District Judge Barbara Easton – Annette Easton’s former
sister-in-law – was assigned to hear all of those cases. The order
goes into effect at 9 a.m. Monday.
Leete says the intention is that the order is temporary and
subject to review at any time.
On Thursday, Leete heard a motion from District Attorney Jeff
Leber to disqualify Easton, who is accused of keeping a “S-t List”
of law enforcement officers who have reported her for alleged
judicial misconduct. She also allegedly refers to Leber as “The
Evil One.”
Leete denied the motion, saying he lacked jurisdiction in the
matter, but said he might take administrative action against
Easton.
His administrative order was filed at 3:51 p.m. Friday in the
prothonotary office.
Easton’s attorney, Sam Stretton of West Chester, did not agree
with Leete’s action.
“This will go up to the Supreme Court Monday or Tuesday,” he
said, explaining he intends to appeal the administrative action
immediately.
“He transferred cases away from (Easton). It’s a bit broader of
an issue now,” Stretton said. “It sets a dangerous precedent.
“I don’t believe that a president judge has the power to
transfer someone just because a complaint is made,” he added. “It
undermines the independence of the judiciary.
“It sets a dangerous precedent,” he reiterated.
Leber, on the other hand, feels that Leete’s action was the
proper response under the circumstances.
“I believe that Judge Leete made the right decision. This had to
be dealt with,” Leber said. “I’m confident that he concluded the
evidence overwhelmingly proved that the allegations were true.”
When asked if he intended to pursue the matter further, to have
Easton removed from her duties on a more permanent basis, Leber
said, “I’m not inclined to do that.”
He added that, “I assume this order will remain in effect as
long as I’m in the district attorney’s office, which is only until
the first of the year.”
Leber said he believes the reassignment will continue “until a
full investigation is completed” and Leete receives “further
guidance from whatever agency is designated to look at it
further.”
Meanwhile, Leber said he will continue to argue the merits of
the case while he remains in office.
“If Mr. Stretton is inclined to take an appeal, we may file a
cross appeal to deal with what the judge indicated … that he may
not have jurisdiction in this matter,” Leber said. “It’s an
intellectual exercise at this point.
“There’s no precedent,” he said. “It might be interesting to
find out what the Supreme Court says.”
However, the state Supreme Court does not usually schedule
matters quickly, so Coudersport attorney Dawn Fink may have taken
office by the time the case appears in Supreme Court.
“I think Miss Fink should probably be disqualified (from this
case),” Leber said. “She’s also represented by Mr. Stretton.”
Stretton represented Fink when 40 residents of Potter County
challenged her eligibility for the office of district attorney. The
residents said she had not resided in the county long enough. A
Clinton County judge rejected their claim.
When asked who would prosecute the case if Fink was disqualified
from the matter and his term as district attorney was over, Leber
replied, “I don’t know.
“I have pursued only legal methods to deal with this situation
and have no personal animus towards Judge Easton,” he added. “It is
not harassment. It’s what our job is – to do justice.”
The matter with Annette Easton came to light last month when
Leber made a motion to disqualify her. He said in that motion that
Easton had an actual list of names and derogatory statements about
several state police officers and Coudersport Borough officers.
Among those named on the list were Coudersport-based state
troopers Daniel Hines, Jacob Rothermel and David Burd and Borough
Sgt. James Collins and officer William Wenzel.
She also allegedly called the troopers “f– liars.”
At Thursday’s hearing, Stretton acknowledged that Easton kept a
list, but said that it no longer exists.
He has accused Leber of harassing Easton and other district
judges in the county, saying the case is about Leber wanting to
embarrass Easton.
“The charge that I have been harassing the district judges is
absolutely false,” Leber said. “This is a situation that has gone
on for many years. The district attorney’s office and the state
police have been subject to this bias for a long time.”
He added that he and the police officers involved took their
concerns with Easton to the Conduct Board. “That is the appropriate
way for anyone to bring a complaint against a judge.”
