State Commonwealth Court judges upheld a Lackawanna County judicial panel’s ruling that the county’s Home Rule Charter controls the process of replacing former Democratic Commissioner Matt McGloin — an earlier ruling Democratic Commissioner Bill Gaughan and the county appealed.
Commonwealth Court Judges Patricia A. McCullough, Christine Fizzano Cannon and Lori A. Dumas affirmed the trial court order in a ruling issued Friday, backing the county panel’s May order on the Home Rule Charter question and other elements of the civil case. For example, the Commonwealth Court judges also affirmed the county panel’s ruling that Gaughan lacked the authority to unilaterally initiate litigation challenging the Home Rule Charter process on behalf of the county, and agreed that county Solicitor Donald Frederickson lacked the authority to bring the lawsuit on the county’s behalf.
The Commonwealth Court ruling amounts to another victory for the Lackawanna County Democratic Committee, which the Home Rule Charter tasks with playing a major role in filling vacancies like McGloin’s. It specifically tasks the committee with advancing the names of three potential replacements for consideration by the commissioned judges of the county Court of Common Pleas, who in this case would choose McGloin’s successor from that short list.
The Lackawanna County Courthouse in Scranton on Friday, March 28, 2025. (REBECCA PARTICKA/STAFF PHOTOGRAPHER)
Gaughan has criticized the committee process that played out in late February, days after McGloin left office, as opaque and politically tainted. They’re charges that county Democratic Party Chairman Chris Patrick has repeatedly rejected in defending his process, which saw former county Economic Development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey advance as finalists.
Gaughan and the county subsequently challenged the Home Rule Charter process in county court, arguing it violated Pennsylvania Rule of Judicial Administration 1908. The application of that rule, adopted by the state Supreme Court in 2019, would effectively remove the county Democratic Committee from the replacement process and place it in the hands of the county court alone. Rule 1908 specifically says that the county court, not a political party, “shall receive applications from any interested candidates for the position” pursuant to a deadline established by the court.
A panel of Senior Lackawanna County Judges Carmen D. Minora, Vito P. Geroulo and Robert A. Mazzoni heard oral arguments in April and ruled in May. With Minora and Geroulo in the majority and Mazzoni dissenting, the panel ruled that the Home Rule Charter supersedes Rule 1908 and ordered the commissioned county court judges to “follow the directives of the Home Rule Charter” when ultimately voting to fill McGloin’s vacant seat. The judges have yet to fill the vacancy.
And while split on the Home Rule Charter question, the panel unanimously ruled that the county lacked the authority to proceed as a party in the civil matter. Republican Commissioner Chris Chermak had argued against the county’s right to participate in the case at all because Chermak, one of two sitting commissioners, never authorized the county’s participation.
Lackawanna County Commissioner Chris Chermak listens during the commissioners’ meeting held at the county Government Center in Scranton Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
Gaughan and the county appealed the panel’s ruling in Commonwealth Court — where they lost Friday — and also asked the state Supreme Court to invoke what’s known as its King’s Bench power, rarely exercised authority that allows the Supreme Court to immediately consider any pending case. Gaughan and the county’s application to the Supreme Court for the exercise of extraordinary jurisdiction remains pending.
Because they lost in Commonwealth Court, Gaughan and the county can now petition the Supreme Court to hear an appeal of the Commonwealth Court ruling without invoking its King’s Bench authority. But the Supreme Court still has discretion, meaning they can choose whether to grant review. It’s also unclear at this stage whether Gaughan and the county will request such an appeal.
Reached Friday afternoon, Gaughan said he hadn’t yet seen the Commonwealth Court ruling and planned to confer with his attorneys and assess options on how to best proceed.
Lackawanna County Commissioner Bill Gaughan speaks during the commissioners’ meeting held at the county Government Center in Scranton Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
Attorney Adam Bonin, representing the county Democratic Committee and defending the supremacy of the Home Rule Charter in the case, said Friday he and the committee were happy with the Commonwealth Court result.
“We’re pleased to hear this and we hope that it’s time to move on and to allow the judges to select from one of these finalists and fill this vacancy,” he said.
Patrick, the county Democratic Party chairman, echoed that sentiment in a statement.
“The Home Rule Charter was voted on by the people in Lackawanna County in the (1970s) and it became law,” he said. “I am glad both courts voted to uphold the HRC. There are very important things that need to be done in Lackawanna County and I hope the Judges will interview and make an appointment in the very near future.”
Patrick added that his committee furnished the judges with three “very qualified” choices for the appointment — Sacco, Baldan and Casey — and that it’s time for the county to have a third commissioner once again.
Chermak also sent a statement following the Commonwealth Court ruling, noting he fought to have the county dismissed as a party to the civil matter because he didn’t want county funds used to finance the legal battle.
“The Commonwealth Court has now said I was right and has affirmed the dismissal of Lackawanna County from this case so county funds will not be used to fight this issue,” he said.
When someone might finally fill McGloin’s seat, vacant now for nearly five months, remains unclear.