126662962_web1_Police-Arrest-graphic

Mountain Top woman charged with straw purchases of firearms

126662715_web1_Captured-graphic

Avoca police captures Scranton man wanted in New Jersey

Luzerne County District Attorney Stefanie Salavantis filed a lawsuit Friday morning over county council’s March 9 vote to vacate her seat.

Scranton area-based Attorney Lawrence J. Moran Sr. and his son, Attorney Luke Moran, filed the action around 10:30 a.m. No hearing has been scheduled, and it’s expected the matter will be assigned to an out-of-county judge.

First Assistant District Attorney Sam Sanguedolce and the county District Attorney’s Office also are plaintiffs in the suit against the county as a whole.

A council majority declared the seat vacant March 9 because Salavantis filed a nomination petition to run for county judge.

The county’s home rule charter says the office “shall be declared vacant if the officeholder files a petition for nomination or election or becomes a candidate for any elective public office other than the one he/she holds at that time.”

However, Salavantis said she is not legally required to vacate the seat under state law that she believes supersedes the home rule charter. She had planned to voluntarily step down March 25 after she was certain her name would appear on the May 18 primary election ballot. Council’s choice to declare the seat vacant instead of waiting for her to resign forced her to resort to litigation she had tried to avoid with a voluntary resignation, she has said.

According to the filing:

Council has no legal authority to remove an elected district attorney.

Under the Pennsylvania Constitution, an elected district attorney must be removed by the governor for reasonable cause, after due notice and full hearing, “on the address of two-thirds of the Senate.”

The state’s county code also reaffirms this requirement.

While the county’s home rule charter contains language involving council vacancy declarations, the charter also contains a provision stating its requirements are not to be followed if they are superseded by state law.

The filing also seeks a declaration that the county Court of Common Pleas — not county council as stated in the charter — has authority to fill a vacant district attorney seat.

County council’s vacancy declaration has “created a legal quandary which creates serious doubt as to the legitimacy of any official act taken in the name of the District Attorney of Luzerne County,” it said.

Salavantis, Sanguedolce and the office are asking the court to declare council’s March 9 removal action is unconstitutional and unenforceable and state the county court is the proper entity to appoint a replacement.

It also seeks a quo warranto action establishing Salavantis is the legal holder of the office and to stop the county from acting on any action that would deprive her of carrying out the duties and powers of the office, including barring her from access to buildings and technology and cutting off her compensation.

Shortly before 1 p.m., both sides filed a joint memorandum of understanding on how to proceed while the matter is adjudicated. Attorney Joseph M. Cosgrove signed the memorandum as the county’s legal counsel.

The terms of the memorandum:

• The plaintiffs will not file or seek a preliminary injunction today or at any time if the memorandum provisions are fulfilled.

• Salavantis will submit a resignation today with a March 25 effective date and state that Sanguedolce will become acting district attorney on March 25.

• Council will vote at its Tuesday meeting whether to accept Salavantis’ resignation letter, rescind its March 9 vacancy declaration and declare the seat vacant as of March 25.

• All parties agree Salavantis will continue to serve as DA until March 25 and that Sanguedolce will continue to serve as acting DA from that point until the vacancy is eventually permanently filled.

• Plaintiffs will be free to seek injunctive relief and nullify Salavantis’ resignation if council fails to accept the resignation letter and rescind its March 9 vacancy declaration.

Salavantis files suit over council’s vote to vacate her seat