Safety concerns expressed by judges
Sheriff claims criticism is politically motivated
The Chester County Justice Center that stands at the western end of downtown West Chester is a massive building, with almost two dozen guarded courtrooms on seven above-ground floors, an internal elevator operation to transport shackled prisoners to and from its secure basement lock-up, and modern security systems that include magnetometers, panic buttons and surveillance cameras. But is it safe?
The question was raised recently when it was learned that the county had taken unprecedented steps to grapple with mounting staff losses blamed on low pay and plunging morale in the Chester County Sheriff’s Office.
In a letter sent last fall to the Administrative Office of Pennsylvania Courts, county Court Administrator Patricia NorwoodFoden said that the reduction in sheriff’s personnel had become a “growing concern of the court.
“In particular, criminal defendants are not being transported to courtrooms for proceedings when they are needed, panic button incidents within the Justice Center have not been rapidly responded to, insufficient deputies appear available in the hallways and courtrooms to address violent/ aggressive people, and multiple deputies have informed the president judge that the Justice center has become less safe.”
That perception was put to a number of Common Pleas Court judges last week in a series of interviews: “Is the Justice Center less safe?”
The answers were concerning. When asked, one judge flatly said: “Yes.
“The courtroom itself is not less safe,” the judge said. “They are still required to have a sheriff’s deputy in there. It is not a danger in the sense that I’m afraid when I
take the bench. It’s what might go on when people leave the courtroom and everybody’s mad in the hallway.”
Another judge said: “It depends on how you define the term ‘safety.’ I think some judges are forgoing sheriffs in their courtrooms because there are others
who need deputies to bring a defendant up (from the basement lock-up area.) That sometimes makes us less safe. And I guess that means the courthouse is less safe.”
Both of those judges pointed to the courtrooms and areas where
Family Court proceedings — divorces, custody, parental terminations, protective orders — take place as having the highest potential for safety issues. But those areas are not typically staffed by deputies, they noted.
Yet another judge responded, “I don’t personally feel less safe. There is always a sheriff in the courtroom for me. But I think it is more the process of justice.”
Earlier this year, the judge had a proceeding that had been scheduled for weeks in a criminal case, but there were insufficient deputies available to bring the defendant, who was incarcerated, to the courtroom safely, so the hearing had to be called off. “We had to continue the case completely.”
The judges who responded to questions about courthouse safety were given anonymity to be able to speak freely about the issue. Others either did not respond or held back their comments.
Sheriff Fredda Maddox, who oversees the office that provides security for the Justice Center and other county buildings such as the West Market Street Administrative Office and the Government Services Center, responded
sharply to the suggestion that safety had been lessened at the courthouse, saying it fed an incorrect perception that was being spread for less-than-honest intentions.
“What is concerning about public, misleading claims that the courthouse has been unsafe — claims which we believe to be politically motivated in part — are going to create a situation that will further the staff shortage,” she wrote in an email Thursday. “While fewer applicants are responding to our recruiting efforts, last week three applicants withdrew from the hiring process because of starting salary and after seeing negative press.
“Furthermore, such claims are demeaning to the committed and honorable deputies and leaders who serve the Chester County Sheriff’s Office,” she wrote.
Earlier, she said the Administrative Office of Pennsylvania Courts’ assessment of court security requested by Norwood-Foden had included, “no findings to indicate the Justice Center is unsafe,” although she said those findings would remain confidential and threatened to discipline or fire anyone who leaked them to the press.
The exodus of deputies from the Sheriff’s Office has been taking place for more than a year, since at least the start of the COVID-19
pandemic and on through the county’s efforts to deal with low salaries among its employees.
According to county records, in January 2020, when Maddox and her second-in-command, Chief Deputy Kevin Dykes, took over, the Sheriff’s Office had a total of 95 approved positions in the county budget. Of the positions for 75 fulltime deputies and eight security operators, there were but four vacancies.
As of Jan. 10, those numbers had changed drastically.
Of the 98 approved positions in the office, there were 36 vacancies in the ranks of deputies, leaving 39 on active duty.
Despite efforts to hire new deputies, aided this month by a $600,00 grant from the Pennsylvania Commission on Crime and Delinquency to fund staff retention and recruitment, in 2022 the office saw a loss of 17 deputies and two administrative assistants; in 2023, there have already been two resignations of deputies. There were but three new hires in those 12 months.
Maddox contends that is a nationwide shortage of deputies and police nationwide.
She cited a survey from the Police Executive Research Forum showing the number of new officer-hirings nationally was down
3.9 percent in 2021 compared to 2019. Retirements and resignations increased because of low pay. Of the sheriff’s offices throughout Commonwealth that replied to an informal survey by the Pennsylvania Sheriff’s Office in December, Maddox said 76 percent had a minimum of one opening for deputies. Vacancies ranged from one deputy to more than 50 percent of their force.
“Our office is experiencing the same challenges,” she said.
Maddox claimed she and her administration “have given full attention to recruiting over the past year and continue to do so” — meeting in person with potential candidates and staff at the Delaware County Community College’s Municipal Police Academy, and at Cheyney and Lincoln universities; sent recruiting materials to other counties’ law enforcement Human Resources offices; and to police academies elsewhere in the United States that pay less than the CCSO does.
The sheriff also said she had asked for and received approval from the county Human Resources Office to begin hiring part-time deputies, although it was unclear how long ago she had made that request. She said she received the approval this week.
Maddox, a former Family Court attorney, also
took what appeared to be a broadside at the judges themselves.
“The unprecedented deputy shortage is no more due to lack of CCSO’s leadership than the current unprecedented number of judicial vacancies in Chester County reflect court leadership,” she said in her Thursday email.
She later walked that statement back, saying the “county as a whole has experienced an unprecedented number of vacancies and its inability to find qualified applicants to fill key areas in Chester County does not reflect county leadership. My comment was not in any way aimed at Judge (John) Hall’s leadership role as the President Judge.”
Her reference to “the current unprecedented number of judicial vacancies” is misleading. There are 14 sitting judges on the bench and three senior judges, but there will be five seats up for election on the ballot this November, although all those positions are currently occupied. Maddox is herself a candidate for the Democratic Party nomination for Common Pleas Court judge.
She said later that “it was my understanding that some of our judges were retiring because they have aged out and others could continue on but have decided to retire nonetheless based on quality of life decisions post COVID.”
Despite her stated efforts, some in the courthouse and county offices say that it is Maddox’s reluctance to act on suggestions by others to help break the logjam, especially her insistence that her office would not give up its requirement that its recruits have the same level of certification as municipal police officers, that is impeding the effort to hire new deputies.
Because new deputies must have so-called Act 120 certification, the Sheriff’s Office is in competition with municipal departments that pay more than the $45,383 minimum starting salary for new hires. Sources say that if the deputies needed only the lesser Act 2 certification, their starting pay would be on a level with those Sheriff Offices in neighboring counties.
“In a nutshell, the sheriff is unwilling or uninterested in exploring options and solutions,” said one of the judges interviewed last week. “Part of being a judge is trying to work with the other offices” the prothonotary, clerk of courts, etc. — to insure a smooth as possible operation. The sheriff has, to date not exhibited those “judicial” qualities, talents or skills” to help fix the staffing problems.