Tet 610-829-6935 ‘STEPHEN G. BaRATTA Fax 610-559-6938 PRESIDENT JUDGE Norrianteton CounTy CourTHOUSE (669 WasniNeroN StAEET EASTON, PENNSYWVANA 18042 Trirp JupiciaL District November 9, 2016 John Cusick, President Northampton County Council Northampton County Government Center {669 Washington Street Easton, PA 18042 Re: Judicial Clerks Dear Mr. Cusick: Thave come to learn through third parties that the administrative policies of the Northampton County Judiciary has become of public interest to County Council, such that you have invited discussion regarding matters wholly related to judicial administration without notice or invitation to the Court, Frankly, Iam a bit surprised that this letter has become necessary, as I have made myself available at any time-to-discuss concerns that the County Executive, any of his ~ “offices, and County Council may have with regard to the judiciary throughout my term as President Judge. If there are any continued concems, you may contact me directly, or if you believe appropriate, you may invite me to appear before County Council. Of further note, as you apparently are unaware, the Judiciary is a separate and independent branch from the Council. The Court is a constitutionally protected, separate and independent branch of government. The administration of our offices, including the supervision of our law clerks, is outside your jurisdiction and authority. If you are uncomfortable with this concept, I will be happy to provide you with the appropriate legal authority in support of my contention, With regard to the concer that you may have regarding law clerk salaries, let me provide ‘you with relevant legal and historical background. The Judicial Code, Title 42 Pa.C.S.A. §§ 1724 and 2301, provides the Judiciary with the separate and independent authority to fix the duties and compensation of the Court's personal staff, which we do through our independent budget. That power is recognized and codified under the law in Northampton County in the 1978 Northampton County Administrative Code (Code). The Code specifically defines the employment relationship between Judge and clerk as a Professional Services Contract. Each clerk serves at the pleasure of the individual judge hiring the clerk. All of the terms of employment for the clerk, including salary, are to be set by the Court. In fact, under the Code these contracts are specifically exempt from Council’s review. See Sections 13.01 (), 13.02 () and 13.04 (7) of the Code.John Cusick, President November 9, 2016 Page 2 On June 7, 2007, County Council, with the Court’s concurrence, passed Resolution 48- 07, which provides in relevant part: “the existing full-time judicially exempt positions of law clerks .... shall all be reclassified to CE pay grade III ...effective on August 1, 2007.” If] understand the legal effect of Council’s legislative action, judicial law clerks continue to be exempt judicial positions — under the exclusive administrative jurisdiction of the Judiciary; however, they are now full participants in the career service pay scale at the same grade as all entry level attorney-employees of Northampton County (such as the full-time entry level staff of the District Attomey’s Office and the Public Defender’s Office). As such, the Court continues to set the terms of employment for the law clerks without interference from Council, with the law clerk salaries sct by the Northampton County career service regulations. Given the protections set by the Judicial Code and the Northampton County ‘Administrative Code, protecting and exempting judicial employees from Council's administrative oversight, and in addition, considering the additional protections conferred to attomey-employees through the career service regulations, I do not understand your authority for disoussing the possibility of altering the terms of employment for our law clerks with other _government officials or the public. ‘Thank you for your anticipated cooperation in this matter. Sincerely, FG STEPHEN G. BARATTA SGB/mb ce: Judges Members of County Council