Lackawanna County’s top judge recused all eight judges from presiding over a lawsuit brought by a former provider of inmate medical care at Lackawanna County Prison because of potential conflicts of interest.
Lackawanna County President Judge James Gibbons issued an order Tuesday to have the state appoint an out-of-county judge to preside over the lawsuit filed in 2021 by Correctional Care Inc. of Old Forge against the county.
The lawsuit claims the county breached a contract and owes the firm over $4.75 million because of its “refusal to reimburse costs and expenses and pay over compensation to plaintiff in accordance with the agreement.”
The county contracted with Correctional Care, whose president and chief medical officer is Dr. Edward Zaloga, from Dec. 15, 2009, to Jan. 15, 2021, when the county replaced the firm with a different provider.
The Lackwanna County Prison Board is composed of the president judge of the Court of Common Pleas or designee, and the county district attorney, sheriff, controller and commissioners.
At times when Correctional Care was the prison medical provider, Gibbons and fellow Judges Michael Barrasse, Vito Geroulo and Margaret Bisgnani-Moyle all had served on the prison board in their capacity as judges, while Judges Andy Jarbola and Mark Powell had served on the prison board in their roles as district attorney. Judge Frank Ruggiero, in his former position as county solicitor, had represented the county in a companion litigation filed by the county against Correctional Care Inc.
Lackawanna County Judge Terrence Nealon had been presiding over the lawsuit, in which Correctional Care sought recusal of the entire county bench in the litigation and both sides also seek “summary judgments” in their favor. In their motions for summary judgment, each side argues for various reasons that they should prevail in the lawsuit now, without having to proceed further or to trial.
In the context of the motions for summary judgment, Correctional Care submitted a Feb. 24 testimonial affidavit of Jarbola saying: he was “intimately involved in both negotiating and recommending” to the commissioners the contract between the county and Correctional Care; the salaries of the firm’s employees and staff, including Zaloga, were to be treated as “costs and expenses to be reimbursed under the agreement”; and the agreement never intended Zaloga’s salary to be considered compensation to Correctional Care.
Correctional Care sought the full bench recusal because Jarbola, and potentially the other judges, might be called upon to testify as witnesses in the case.
After hearing the recusal motion on Oct. 3, Nealon recused himself on Oct. 10 from continuing to preside over the case because his involvement “could create an appearance of impropriety in reasonable minds.” Nealon believed he could have continued to preside over the case impartially and objectively based solely on evidence and law; but he also determined that his continued involvement in the case could create reasonable questions about his neutrality or impartiality because a fellow judge or judges might be potential testifying witnesses.
“It is not unprecedented for a judge to recuse when a judicial colleague is a witness,” Nealon’s order said, citing case law. “Therefore, to avoid a potential appearance of impropriety and to foster public confidence in the judiciary, I will recuse myself from any participation in these proceedings.”
Nealon did not have the authority as a single judge to recuse the rest of the bench. Gibbons then did that in his Oct. 21 order, noting he agreed with Nealon’s recusal analysis and concluding that “a full bench recusal is warranted.”
Gibbons’ order directs the administrator of the county court to seek through the Administrative Office of the Pennsylvania Courts the assignment of an out-of-county judge to preside over the litigation.