In race for Erie County judge, 2 nominees discuss courtroom losses — and what they learned
Many lawyers are known for their big wins. A major verdict can launch a young lawyer's career or bring more accolades to a seasoned member of the bench.
But what about the losses?
In our adversarial system of American jurisprudence, one side loses just as often as the other side wins. Every lawyer, no matter how skilled, must deal with coming up short in the courtroom.
The two lawyers running for the one open judgeship on the Erie County Court of Common Pleas have become familiar with wins and losses in the decades they have practiced law.
As the Nov. 7 election approaches, the Erie Times-News asked the two nominees — Democrat Peter Sala and Republican Eric Mikovch, both 54 — to reflect on one of their legal losses and what they learned from it. The Erie Times-News edited their responses for length and clarity.
Sala: 'The lesson I learned was not to give up'
The biggest loss in my career occurred many years ago. I was a young lawyer with a tough case. We lost a heated pretrial hearing and the case proceeded to trial. I was convinced that this case had a strong legal argument, but the pretrial judge disagreed. So, the case went to trial where the pretrial ruling allowed controversial evidence to be introduced.
We did the best we could, but the jury eventually returned a verdict against my client. He was devastated along with his wife and children. At that moment I was frustrated. I felt like quitting and choosing a new line of work.
Then, after a few days, I reexamined the case. I looked at the pretrial ruling and transcript with fresh eyes. Gradually, I started to see a path forward and became encouraged. There were errors made at the pretrial level that gave us hope along with additional case law that supported our position. We filed an appeal to the Pennsylvania Superior Court.
I spent weeks and long nights researching, writing and editing our brief. I was convinced that the law favored our position. At oral argument, I presented an impassioned plea to the three-judge panel. A month later, I received their unanimous decision reversing the pretrial court and ruling in favor of my client.
The lesson I learned was not to give up. The practice of law is fluid. It is not static. There are setbacks but we must persevere. When the law supports a case, we must follow it until all potential remedies are exhausted. Only then can we say that we pursued justice. As a judge, I will bring that commitment and dedication to the bench for all of Erie County.
Mikovch: 'Every case for every person is extremely important'
Law school does not teach you about losing. It does not teach you hard life lessons about what happens in court with real clients, lawyers and judges. These lessons are only learned through the experience of being in the courtroom. One of my earliest trials I will never forget.
My client was a local construction contractor. He was accused of not completing the work to the owner’s satisfaction, claiming my client failed to perform as agreed. Contracts were signed, spec sheets were followed and my visual inspection of the construction site did not show any material defect. The claim brought against my client was for $5,000. The entire cost of the new home construction was $127,000.
The case went to trial before a judge. My client was fully prepared, and we coordinated all the construction pictures, documents and everything required to be successful. My client had done nothing wrong. This homeowner would never be satisfied by any contractor.
In the courtroom witnesses would testify, the court reporter would take down statements and the judge would make the final decision. As the evidence was presented, the judge was preoccupied — you could feel it. About 10 minutes later my feelings were confirmed. Our trial took place during the time of college basketball’s March Madness. While my client was testifying to everything he completed during construction, the judge turned to the court reporter and asked, "Did you watch North Carolina last night? What a fantastic basketball game!”
At the conclusion of the case, we lost. The homeowner won a $5,000 judgment against my client. I had no explanation other than the obvious. We appealed the decision, and eventually we won the case.
From that moment, it became clear. Every case for every person is extremely important, and the parties deserve the court’s undivided attention. If elected judge, I will never forget that people coming before the court need to be treated with dignity and respect, and they must be heard. I will bring these lessons learned to the position of judge for the people of Erie County.
Two veteran lawyers vie for open seat on local bench
Sala, of the city of Erie, and Mikovch, of Elk Creek Township, are running for the seat left vacant when Erie County Judge Stephanie Domitrovich retired in May 2022.
The winner of the $212,495-a-year job will join the nine-member local bench for an initial 10-year term and will be eligible for retention up until he turns 75, the mandatory retirement age for judges in Pennsylvania.
Sala, a sole practitioner in Erie and the longtime solicitor of the Erie County Sheriff's Office, is a registered Democrat who cross-filed on the Democratic and GOP ballots in the May primary. Cross-filing is allowed in races for Common Pleas Court judges in Pennsylvania.
Mikovch, a partner with the Quinn Law Firm in Erie, is a registered Republican who cross-filed in the May primary.
The final vote totals for the primary show Sala won the Democratic nomination with 15,254 votes to 6,028 votes for candidate Leigh Ann Orton and 2,959 votes for Mikovch.
In the the primary race for the Republican nomination, Mikovch led with 5,642 votes. Orton came in second with 5,540 votes and Sala finished with 5,409 votes.
Erie County Bar Association rated candidates in primary
Judicial candidates in Pennsylvania are prohibited from commenting on how they might rule on specific cases. Voters are left to evaluate candidates based on their education, experience and — in the case of the nominees for Erie County judge — how their fellow lawyers rate them.
The Erie County Bar Association's members ranked Sala as the most qualified of the candidates in a poll of its members released in April. The bar rated Sala as "highly recommended" and Mikovch as "recommended."
The nominees also filled out extensive questionnaires for the Erie County Bar Association, which includes a section on the nominees on its website: eriebar.com. Sala and Mikovch answered questions about why they want to be a judge and their involvement in community activities, among other topics. The bar association also posted the resumes for Mikovch and Sala.
More on Eric Mikovch
Party registration: Republican
Age: 54
Residence: Elk Creek Township
Experience: Member of the Quinn Law Firm in Erie since 1994. Named senior partner in 2001. He has chaired the firm's criminal defense practice department since 1998. He also handles civil cases and family law cases.
Education: University of Pittsburgh School of Law, law degree, 1994. Colgate University, Hamilton, New York, bachelor of arts degree, 1991.
Personal: Married with four children
Social media: facebook.com/eric.mikovch
More on Peter Sala
Party registration: Democrat
Age: 54
Residence: City of Erie
Experience: Private practice in own firm since 1995, handling civil, criminal and family law cases. Solicitor for the Erie County Sheriff's Office since 1997. Co-solicitor for the Erie County clerk of records since 1997. Law clerk in Erie County Court of Common Pleas, 1994-1995.
Education: Cleveland-Marshall College of Law, law degree, 1994. Gannon University, bachelor of arts degree, political science/social science, 1991.
Personal: Married with three children
Social media: salaforjudge.com
Contact Ed Palattella at epalattella@timesnews.com. Follow him on X @ETNpalattella.
This article originally appeared on Erie Times-News: Erie County's two judicial nominees share hard-learned lessons
