Luzerne County Courts

From: Chester B. Muroski, President Judge 11th Judicial District of Pennsylvania Court of Common Pleas of Luzerne County

MEDIA RELEASE: November 24, 2009

Upon inquiry from the media, and after consultation with a representative of the Administrative Office of Pennsylvania Courts, the following is provided:

On November 18, 2009, Judge Michael Toole advised this Court, as follows:

This is to confirm that I will be on vacation for the next few weeks, and that I have rescheduled all my pending matters to my December and January calendar. Thank you for your usual courtesies and considerations.

I have determined that Judge Toole has taken approximately one week of vacation earlier this year. The acceptable practice throughout the state is that a Judge is entitled to a reasonable period of vacation. It is not uncommon for Judges to take up to 4 weeks vacation a year, subject to the needs of the Court. His anticipated return in December is well within the reasonable standard.

If it becomes evident that he becomes unable or unwilling to perform his duties, I will refer the matter to the Administrative Office of Pennsylvania Court and/or the Judicial Conduct Board.

Further, Pennsylvania Rules of Judicial Administration (Pa.R.J.A. 506) provides:

Rule 506 (b) Enforcement. The Court Administrator (of Pennsylvania) shall report any case of neglect or refusal to comply with requests or directives. . . . After opportunity for hearing, the Chief Justice may enter such order as may be appropriate to the circumstances of the case.