What happens when elected officials do not fulfill their term?
SOMERSET — It is rare that elected officials voluntarily do not fulfill the term of years the voters give them through the ballot box. When it does happen, there are legal steps to follow.
Two vacancies in Somerset County opened this year, one because of a change in an elected position (and will be official in January) and the other due to an early retirement (in October) that involved the prothonotary and the president judge. Both positions were not up for election until 2025.
The prothonotary
Now that the elected prothonotary, Brian Fochtman, will be leaving his post to take on the mantle of commissioner in January, what is going to happen to the vacated slot?
"I will resign and my first deputy, Jeannie Custer, will become acting prothonotary (until the end of his term in 2025)," said Fochtman.
Happening: How many people, machines does it take to put up a holiday tree at Somerset Courthouse?
Kim Will is second deputy and will remain so. The first deputy slot will remain open until a new prothonotary is elected in 2025 and the person to fill that position is selected by the new prothonotary.
"Working in the Prothonotary Office has shown me how busy this courthouse is and in particular how busy the civil court system is in Somerset County," Fochtman said. "That is a lot I will be taking with me to the Commissioner position and how vital the courthouse employees are in making this part of county government run so smoothly."
He will resign his position prior to becoming a commissioner and Custer will take on the prothonotary position in an acting capacity. Custer began in county government more than 30 years ago on Jan. 2 in the Prothonotary Office and was promoted to first deputy several years ago.
“I’m excited to fill the remainder of Brian Fochtman’s term as Acting Prothonotary," wrote Custer in an email. "I look forward to continue serving the public and legal community in this new role along with the current staff.”
Who and what does a prothonary do?
The prothonotary is the chief custodian of the civil records of the Court of Common Pleas with administrative responsibility for their safekeeping and preservation.
Thus, for example, if you want to file a lawsuit, a divorce, a mechanics lean or even have your passport application processed, the prothonotary's office is where you want to go.
Other: Exclusive: Another court showdown between Somerset County commissioners/treasurer averted
The county Office of Prothonotary is responsible for the recording and filing of legal papers of a widely diversified character such as civil suits, personal injury, medical malpractice, divorce, custody, protection from abuse, judgments, change of name, school audits, driver’s license suspension appeals, district justice appeals, mechanics liens, federal tax leins, and administers oaths and affirmations.
This office also processes passport applications that are sent to the Philadelphia Passport Agency where the passports are issued.
The president judge
Former President Judge D. Gregory Geary of Somerset County Court retired early on Oct. 31. Geary was first elected to the court in 2005. He was retained with 73.95% of the voters in 2015. The term is for 10 years.
According to the Constitution of Pennsylvania, Article 5, a vacancy of a common pleas judge can be filled by the governor, with the advice and consent of two-thirds of the Senate.
"Regardless of whether the vacancy is filled or not the seat will be on the ballot in 2025," said Stacey Witalec, communications director, Administrative Office of Pennsylvania Courts.
There are no special elections for judicial seats, she said.
More: Exclusive: Somerset County commissioners will not raise taxes in 2024
The person appointed to the judgeship position will serve for a term ending on the first Monday of January following the next municipal election, which is in 2025, more than 10 months after the vacancy occurs or for the remainder of the unexpired term whichever is less, according to state constitutional law.
A president judge of all courts with seven or less judges, there are three in Somerset County, will be the judge with the longest in continuous service on their respective courts; and in the event of his resignation from this position the judge next longest in continuous service will move into the president judge position.
In Somerset, that judge is Scott Bittner, who was elected to a county judgeship in 2015. Judge Daniel Rullo was elected in 2017.
Who and what does a president judge do
The president judge in the state's court of common pleas, commonly known as the trial court, is the administrative head of the court and supervises the court's judicial business.
For example, as president judge, Geary made the decision to close the courthouse in 2020 during the pandemic and decided when to reopen it.
This article originally appeared on The Daily American: What happens when elected officials do not finish their terms?
