Bar Assn. correctly disses Domitrovich

I rarely agree with lawyers, but the Erie County Bar Assn.'s
poll released yesterday evaluating county judges up for ten-year retention in the Nov. 3 election, got it exactly right when a pluralty recommended against the retention of Judge Stephanie Domitrovich. In my opinion Domitrovich is utterly unqualified to serve as dogcatcher in Erie County, much less as judge.

Unaccountably, the Erie Times-News article reporting on the bar association poll failed to flesh out the story, simply giving the rating scores of the three candidates up for retention, also including Judges Kelly and Dunlavey, who were rightly recommended. Covering a mere seven or eight column inches as published online, the sketchy story was co-reported by Lisa Thompson and Ed Pallatella, writer overkill if there ever was for such a meager epistle.

Domitrovich's service as a county judge since 1989, if one can call it that, followed by her ten-year retention by county voters in 1999, is testament to their collective ignorance when it comes to judging judges. Let's hope their collective IQ has been elevated sufficiently in time for the November election to heed the county bar association's enlightened recommendation against Domitrovich's retention, of which she is wholly unworthy.

In the interests of full disclosure, I have never been a party in litigation in Domitrovich's court. I was an observer in an orphan's court proceedings in 2007 involving a friend of mine - let's call him "Andy" - seeking to escape the legal clutches of an abusive son who controlled the substantial inheritance his slightly impaired father had received upon the death of his mother several years earlier, a son who forced him unjustly to reside in a substandard assisted living facility against his informed wishes.

In ruling against the father, Domitrovich trampled all over his due
process rights, among other things denying him the legal right to be present at the first hearing on his case in her court which was conducted without his knowledge and ended with his virtual incarceration, rendering any reversal against herself of Domitrovich's initial ruling a very steep, and as it turned out, impossible climb.

Why? Because the abusive son, striving to gain unquestioned control of his father's inheritance, was represented by an attorney who was a member of a law firm with a familiar name and high-powered political connections in Erie which need not be elaborated, David Ridge. Domitrovich, who received campaign money from at least one member of that firm, baldly acquiesced to the Thrasimicusian precept of realpoliticks that "might makes right." It was power politics in the guise of justice at its ugliest.

So disorganized were Domitrovich and her courtroom staff, that she did not see the father's brief seeking to unseat his son as his "guardian" until minutes before a second dispositive hearing was underway.

But just to make certain the impoverished father, denied his rightful inheritance by his abusive son, didn't prevail, Domitrovich appointed to represent him an incompetent sycophant whose represention more reflected the son's cupidity rather than the father's best interests. In addition, she exercised on the stand impermissible and undue influence on the father, craftily leading him in directions opposite to his wishes.

The father lost his case, his inheritance, his personal freedom and, denied the expert care his inheritance would have afforded him, in less than a year, his life. He died, the doctors said, of cancer. But in my untutored opinion, "Andy" succumbed to a broken heart. Soon thereafter his abusive son claimed a significant portion of his father's inheritance which might have been used, as intended by his mother, to enhance and extend his life.

This is not the first time Domitrovich has been found lacking by an official judicial evaluation panel. Following her retention as county judge in 1999, she presented herself as a candidate in 2001 for election to the State Superior Court. In that year's state judicary elections, she was the only candidate whom the Pennsylvania Judicial Evaluation Commission gave a "not recommended" rating.

In reaching that decision the Commission said it had "received numerous
and consistent reports concerning the Candidate’s shortcomings as a judge that were found credible and were neither acknowledged nor sufficiently refuted by the Candidate.

"Specifically, the Commission found that the Candidate lacks proper judicial temperament and decorum, often exhibiting a lack of proper respect for lawyers and litigants in her courtroom. There was a significant concern that she frequently adopts one side of an argument presented to her, failing to give proper weight and consideration to the opposite position.

"Reports also suggested," the Commission said, "that the Candidate can and does lose her temper in the courtroom. Most significantly, the Commission observed that the Candidate was a poor listener, a critical weakness in a prospective appellate court judge. Accordingly, the Commission concluded that the Candidate lacks the skills necessary to serve adequately as a Judge of the Superior Court."

These were the exact failings wich led to a gross instance of miscarried justice in the case I cite above.

One wonders how a judge with those articulated disqualifications is equipped to serve on any court, much less the state Superior Court. Do Erie Countians deserve a judge who, according to her peers, "lacks proper judicial temperament and decorum," or one who "lacks the skills necessary to serve adequately" on the appellate court level? I don't think so.

Her judicial disqualifications aside, Domitrovich's clownish antics in the courtroom are legend. She once recessed a hearing in mid-progress, inconveniencing all parties, some of whom had travelled miles to reach the courthouse, because she had a hair appointment.

Don't be deceived by Domitrovich's glitzy but shallow self-contrived resume, voluminusly padded with inconsequeantial but high-sounding attributes. Vote "NO" in November against the retention of Domitrovich!