Four district justices to lose job at end of terms
The mood in the Fayette County Court Administrators office was somber Friday as staff handed out packets to arriving district justices – four of whom learned they would lose their jobs at the end of their terms. In accordance with a request from the state Supreme Court, President Judge Conrad B. Capuzzi eliminated the $60,031-yearly District Justices Robert Breakiron, Brenda Cavalcante, Michael Defino Jr. and Wendy Dennis. He merged their coverage areas with those of four other justices.
The terms of Cavalcante, Defino and Dennis all expire the first Monday of January 2006; Breakiron’s term expires the first Monday of January 2008. Both Dennis and Breakiron will have enough time in to retire at the end of their terms.
Art Heinz, Supreme Court spokesman, said that once the Supreme Court receives the proposal, they will go over it. He said there was no time frame in which the court had to approve the plan. Heinz also noted that the court could send the plan back to Capuzzi and ask for revisions.
The nine-page plan noted that the average caseload of the 13 district justices was 1,919 cases per year, but the proposed caseload divided among the nine justices is 2,772. That’s still below the state-wide average of 3,800 cases per district justices in other counties, according to Heinz.
Capuzzi’s plan calls for Brownsville District Justice Herbert Mitchell Jr. to take on the Redstone Township portion of Defino’s caseload. Perryopolis area District Justice Michael Rubish was assigned the Franklin Township portion of Defino’s caseload.
Fairchance-area District Justice Randy Abraham will take over Cavalcate’s area of German and Nicholson townships and Masontown borough under the plan. Capuzzi’s plan also suggested that Abraham’s office, now in Fairchance, be moved to the vicinity of Smithfield borough.
District Justice Dwight Shaner will see the highest increase of cases, taking over for both Bullskin Township justice Breakiron and Dennis, who covered the mountain areas of Henry Clary, Stewart and Wharton townships as well as Markleysburg and Ohiopyle boroughs.
In analyzing the population of the magisterial areas and the caseloads, Capuzzi determined that the average caseload of the 13 district justices was 1,919. Dennis’ caseload was 61.1 percent below that average, followed by Shaner whose caseload was 40.4 percent below the average.
With the four district justice offices that will be eliminated, the average caseload per justice will be increased to 2,772, according to Capuzzi. Since Shaner is picking up the cases of Breakiron and Dennis, his caseload will increase to 3,234 per year by Capuzzi’s plan.
In analyzing the districts, Capuzzi noted that Shaner and Abraham were not eliminated in part because both were up for election this year. If they were elected, but eliminated, their offices would not be cut until 2010 when their six-year terms are up.
“It’s the view of this court that the Supreme Court wishes to reduce the number of district justices at the earliest possible date,” wrote Capuzzi.
He also made note that Defino, who was eliminated, and Mitchell, who overtook part of his district, would have both been up for election in 2006.
“Interestingly, the term of both district justices expire at the same time and the voters will decide on a candidate,” wrote Capuzzi.
Throughout his analysis of each magisterial district, Capuzzi noted different factors, including grown within the specific districts.
Cavalcante was first appointed as a justice in 1992 and successfully ran for election a year later. Defino was elected in 1999. Breakiron was elected in 1983 and Dennis in 1987.
Heinz said that after 10 years, justices become vested in the state pension system, but cannot draw on that money until they are 60.
The office closing also affects office secretaries, who make a starting salary of $14,500.
None of the district justices eliminated commented on the proposal.