Jeremy Mercer, an attorney representing the McCormick campaign, argued that the order from Lillis lacked both a factual and a legal basis. .widget-img { 20-209 NO. A state Commonwealth Court judge has dismissed an appeal by the Berks County Republican Committee seeking a manual recount of votes cast in a handful of precincts during the 2022 general election. Ballotpedia does not currently cover this office or maintain this page. The petitions were filed under a little-known provision of the state elections law that allows a districts results to be recounted if three voters from the district pay $50 and petition the district court believing there was fraud or error appeared. Thieves memorizing passcodes to cellphones so they can try to steal money, RAW: FILE: CHRIS PINE SAYS HARRY STYLES DID NOT SPIT ON HIM, The Masked Singer: Polar Bear Details Why Show Was Very Eye-Opening, Jeopardy! Player Gushes Over Former Celebrity Crush Mayim Bialik, RAW: NY: TRAVIS SCOTT ACCUSED OF ASSAULT AT CLUB, RAW: ED SHEERAN: WIFE WAS DIAGNOSED W/TUMOR WHILE PREGNANT, The Cast of Bel-Air Talks Season 2 Banks Family Drama (VIDEO), Jennifer Coolidge once accidentally 'impaled' herself on garden stake. A statement from the district welcomed the decision. This judge is outside of that coverage scope and does not receive scheduled updates. The door was locked and no one answered. A hearing about the petitions will be held before Berks County Judge James Lillis . color: white; Interns wanted: Get paid to help ensure that every voter has unbiased election information. Kauffman said compliance with Act 77 procedures for mail ballots cannot be reviewed under the recount procedure. Tom Wolf's office and Berks County President Judge Thomas G. Parisi. Kauffman argued the provision does not require a hand recount, it merely requires that the vote should be recounted by people designated by the court. The commissioners discussed the matter and voted to uphold the existing state law in counting or not counting the unsigned ballots. Kauffman said the situation would be much different if the petitioners levied specific claims of fraud or errors. .widget-row.value-only { Posted in Court Decisions. County election officials fought the petitions, saying they were without merit and should be dismissed. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; . hb```a``t,A lWPXA wgg`k@ ` ` $ No attorney/client relationship is formed and no legal advice can be given, unless and until a formal and fully executedfee agreement is entered into, and a retainer received. "Judge Lillis' order lacked both a factual basis. Prior to his election, Nevius was a commercial litigation partner at Fox Rothschild. We are satisfied with his verdict and believe that it correctly reflects the law as described in the electoral code and interpretation of case law.. The petitions were filed under a little-known provision of state election law that allows a precincts results to be recounted if three voters from the precinct pay $50 and file a petition in county court saying they believe fraud or error occurred there. Scott E. Lash. color: black; The county elections board and the Berks County Democratic Committee fought the initial petitions, saying they were without merit and should be dismissed. The Pennsylvania election provides that the polls shall be open for only thirteen hours, 7 a.m. until 8 p.m. on election day, Mercer said. .widget-row { 0000000016 00000 n .widget-row { Judge Lillis CCP Berks Cty v. Cabrera, A. Log In Sign Up. The motion further contends that any request for inspection by unqualified parties risks decertification of the voting machines. } .widget-value { This was done. The Honorable James M. Lillis of that court granted summary judgment to Brobst Sr. and a judgment for possession which granted him sole ownership and the sole right to possession of the Real Property by Order signed on June 22, 2016. She also cross-filed as a Republican, but lost that primary with 9.8 percent of the vote. He retired in 2004 after serving as an officer in the Pennsylvania Air National Guard for 23 years. oI n @ @ @ @ @ @ ~a@X>jwT)$)$\n E39-)o2y P8$)7 #~j^\4O@? Pennsylvania Superior Court .widget-row.value-only { color: white; A Berks County judge has dismissed petitions filed by the Berks County Republican Committee seeking a recount of ballots cast during the general election at 30 precincts across the county. COURT OF COMMON PLEAS OF BERKS COUNTY DOCKET Docket Number: CP-06-CR-0002005-2021 Court Case CRIMINAL DOCKET Page 1 of 7 Commonwealth of Pennsylvania v. James C. Dixon CASE INFORMATION Judge Assigned: Lillis, James M. Date Filed: 06/16/2021 Initiation Date: 12/22/2020 OTN: U 943950-0 LOTN: Originating Docket No: MJ-23301-CR-0000187-2020 . The judges of the Berks County Court of Common Pleas include: A. Joseph Antanavage. It says the petitioners failed to "plead and verify . } if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } font-size: 1.2em; The District shall make all voting equipment, including voting machines, available for inspection and testing by a duly authorized agent. Pat Barrett. } Lastly, the county says the election department already performed a statistical recount of the votes cast in the 2022 general election and found that the results were accurate. However, he said, he does not know if his client has an interest in appealing. color: white; The county appreciates the time and attention Judge Lillis gave to this matter, it reads. Adult Probation & Parole Home; Contact APO; . 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He also argues the petitions are too narrow. r?; Y n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ NC6g?(P n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ #kK We are pleased with his ruling and believe it correctly reflects the law as outlined in the Election Code and interpreting case law.. We are glad to see that the honorable court upheld the rule of law and did not abide by conspiracy theories, he said. [1] She also ran for the Berks County Court of Common Pleas in 2013. Lillis did not issue a ruling Thursday and gave both parties until 4 p.m. Friday to submit any supporting documentation for their cases. He told them that they would hear a decision as soon as possible after that. They were voting provisionally because thats what was required under a federal statute that says if voting is extended, the votes shall be segregated and be done provisionally.. Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. } I do believe there is both a factual and the legal basis for this order, Kauffman said. Any facts that were going to be presented to Judge Lillis needed to be presented by way of a verified petition. If you would like to help our coverage scope grow, consider donating to Ballotpedia. She covers county government as well as policy issues at the state and federal level with a local focus. That would be something that they would be entitled to. ALERT! The Oz and McCormick campaigns have been fighting over a number of issues, including the provisional ballots. First Assistant County Solicitor Cody Kauffman argued that the petitions should be denied because they do not present evidence of a specific act of fraud or error that occurred. Lillis received his undergraduate degree from the United States Air Force Academy and his J.D. 0000000436 00000 n The live site is https://www.co.berks.pa.us University of Pittsburgh School of Law, 1982, .infobox { 3. In particular, Wallace wrote, the committee did not file petitions for each precinct in the county where votes were cast for the two races in question and they did not provide evidence that a particular act of fraud or error occurred. Pennsylvania Court of Common Pleas word-wrap: break-word; James M. Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. Both sides had the opportunity to present their cases in the district court last week. The petitions were tabled by the committee last month on behalf of 94 individual voters. Attorney Eric Winter, arguing on behalf of the Berks County Republican Committee, said shortly after the order became available late Tuesday morning that he has yet to see it and review it with his client. They said Talarico was driving Moyers car. In a similar case in Forest County, Kauffman said, a judge threw out petitions for that exact reason. More and more of what is ultimately deciding elections is not the vote or necessarily the law, but rather the results of litigation. The McCormick campaigns actions are clearly being made based on political expediency versus a real concern for the law, Leinbach said. font-weight: bold; Primary: She received 19.8 percent of the vote in the Democraticprimary on May 21, 2013. Madelyn S. Fudeman and Theresa Johnson were also on the ballot, competing for two open seats. The following candidates ran in the Republican primary. READING, PA 19608 Tel. Berks election officials ask judge to dismiss, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Berks election officials ask judge to dismiss recount petitions, Reading Auditor Maria Rodriguez announces she will run for reelection, Joanna McClinton voted Pa. House speaker after Mark Rozzi steps aside; first Black woman to win post, Mark Rozzi says he will step down as Pa. House speaker, John Fetterman on path to recovery, will be out of Senate for more weeks, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. He currently covers court news, veterans' stories and all types of general news. display: inline-block; Geishauser ran for election to the Berks County Court of Common Pleas. The county argues that the inspection of voting machines is not supported under the provision. Judge Barrett's ARD In an effort to streamline upcoming ARD Court; all required documents and forms, as well as instructions in their use, are provided in this section of the website. background-color: red; display: inline-block; First Assistant County Solicitor Cody Kauffman argued that the petitions should be denied because they do not present evidence of a specific act of fraud or error that occurred. Berks was forced to delay certifying the results of the election pending the outcome of the petitions. He has served as Delaware County Solicitor and Solicitor to Delaware County boroughs, townships, school districts and municipal authorities. from the Dickinson School of Law.. Career Our employment practices are not influenced or affected by race, color . background-color: #f9f9f9; @0 % @%r @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @9? y?- )P n\a @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ NK7gOKr Berks man is sentenced to 25 years in prison, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Former West Reading police officer federally indicted in fraudulent body armor scheme for a second time, Berks man is sentenced to 25 years in prison for killing his girlfriend, Reading Auditor Maria Rodriguez announces she will run for reelection, TikTok sets new default time limits for minors, Man charged with hiding explosive in suitcase at Lehigh Valley airport; Allegiant flight was bound for Florida, QVC, Chester Countys third largest employer, cutting 400 jobs, Talarico shot his girlfriend, Eloise Moyer, State police charge passenger in fatal crash on Interstate 78 in Berks, So-called Lizzie Lincoln house in Exeter Township to be demolished, Reading restaurant is target of second swatting incident in 3 days in Berks, Former Pottstown man charged in 2016 killing of Berks man, Area family-owned businesses thrive for multiple generations, Berks family of 4 displaced by 2-alarm overnight fire, Reading Penn Street shop owner wants more action, less talk about downtown progress, Stewart's game-winner lifts Wyomissing over Berks Catholic in District 3 Class 4A semifinal, Railroad the last stop of a policeman's 46-year career, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. In the motion filed Wednesday, the county states that the petitions should be denied for a variety of reasons. To me is mind boggling and completely unacceptable.. { Jill Gehman Koestel. ipp sentence pa, ard in pa for dui, ard dui program, judge lillis berks county, berks county judge, berks county dui arrests, judge eleni dimitriou geishauser, ard for dui Algorithm to authorities, but gets lost, mugged or . Pennsylvania Commonwealth Court James M. Lillis is a judge for the Berks County Court of Common Pleas in Pennsylvania. Both the Republican and Democratic committees were united in a petition to the county to extend the voting by one hour. display: block; The county now plans to certify the results at an elections board meeting Thursday. width: 150px; #9 ` )$'R%]O#[iqIW_x @T[RJRN[ $/InEx L6a:HPP? } After officers went inside and secured a dog in the apartment, they found Moyers body with what appeared to be a gunshot wound to the head. Additionally, the county asserts that the most accurate way to conduct a recount is by using machines designed to accurately count votes. Committee officials have said they filed the petitions after receiving complaints from some voters that voting machines were changing votes cast for Republican candidates for governor and U.S. Senate to ones for the Democratic candidates. [1] Lash was first elected to the court in 1999 and retained in 2009. margin-bottom:0px; font-weight: bold; 199 MM . She is a graduate of Temple University with a degree in journalism. Talarico shot his girlfriend, Eloise Moyer, twice in the face in their Hyde Park apartment on or about July 7, police said. .widget-row.value-only.white { 20-3264 ORDER day of March, 2020, Judge James M. Lillis is appointed as the Temporary AND NOW, this Administrative Judge of the Civil COUlt. They argue that a hand recount introduces the likelihood of human error into the counting process. Yatron earned a bachelor's degree in political science and history from . trailer Honorable James M. Lillis Court of Common Pleas of Berks County Berks County Services Center 633 Court Street Reading, PA 19601 phone: 610-478-6208: Berks County 23 . READING, Pa. The Berks County commissioners voted unanimously Thursday to deny a challenge by David McCormick, a Republican candidate for U.S. Senate, that asked the elections board to not count provisional ballots cast after 8 p.m. on May 17. Copyright 2023, All Rights Reserved | } My life-experiences will allow me to handle this incredible responsibility, with unwavering ethics and strict respect for the laws of our land. Prior to his election, Lillis worked as a shareholder at Kozloff, Diener, Payne & Fegley, where he specialized in municipal, land use, and education law matters. $ .clearfix { He also pointed out that the county provided the Berks County Republican Committee with the statutorily required notice to attend the logic and accuracy testing of the voting machines, which is a process designed specifically to ensure they are functioning correctly. Lieutenant Lance Lillis has been with the department since 1998 and is a Kutztown University graduate himself. .widget-row.value-only.black { That may have prevented some Berks County voters from casting votes during the first hour or two of the primary election. Scott E. Lash is a judge on the Berks County Court of Common Pleas in Pennsylvania.

} background-color: #f9f9f9; The committee did not send a representative to this testing or otherwise attempt to participate in the testing, the results of which confirmed the machines were functioning correctly. The. As Petitioners did not satisfy either requirement, the Court affirms Common Pleas order, Wallace wrote in her 26-page ruling. The committee wants the county to give its attorney the names of voters who cast their ballots on the machines on Election Day, through the mail and by provisional ballot. background-color: grey; Talarico took investigators to that spot, and they recovered the firearm. The live site is https://www.co.berks.pa.us }, Eleni Dimitriou Geishauser is a judge for the Berks County Court of Common Pleas in Pennsylvania. Bodor, a Democrat from Oley Township, will cross-file to appear on both the Republican and Democratic ballots in the May primary election. In August 2018, Berks County Common Pleas Judge James M. Lillis to a requester and in October 2018, Commonwealth Court Judge Simpson to a requester. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, Supreme Court of Pennsylvania Pennsylvania Commonwealth Court A court order extended the polls in Berks by one hour on election night in response to an electronic poll book problem at some polling places. 2. display: inline-block; He shall have the authority to transfer and reassign cases within the Civil Court Division. It says the petitioners failed to plead and verify specific acts of fraud or error, while not asking for a recount of all votes cast for the office in question across the county. margin-bottom: 0; It is the mission of the Berks County Magisterial District Judge System to seek justice, to foster public trust and confidence in an independent judiciary, and to provide high quality courteous service to all users of the magisterial district courts by processing cases and resolving disputes in a manner that reflects the system's commitment to . She covers county government as well as policy issues at the state and federal level with a local focus. background-color: #003388; An order from Judge James Lillis was handed down Tuesday to the parties involved. font-weight: bold; He was elected on November 3, 2015.[1]. Ballotpedia features 395,441 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Get up-to-the-minute news sent straight to your device. On February 5, 2020, Appellant filed the Petition [at . margin-bottom: 1px; 0000000584 00000 n Judge James M. Bucci retired last December, and Judge Mary Ann Ullman has announced that she will . word-wrap: break-word; The names of the voters who cast their ballots on election day at the machines, by mail and by provisional ballots. The committee wants the county to make all voting equipment, including the voting machines, available for inspection and testing. Karen Shuey joined the Reading Eagle staff in 2015. .courts-header { font-size:150%;background-color:#334aab;color:white;} The Judge asked for both parties to submit additional documentation by 4 PM on Dec 2.

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