Judge McFadden to retire Nov. 30
Surprise move adds wrinkle to the ballot
Northampton County’s longest-serving judge is stepping down in November after 31 years, setting the stage for a scramble this year to fill her seat.
Judge F.P. Kimberly McFadden became the first woman in the county to serve on the court when she was appointed in 1988 by then-Gov. Robert P. Casey. Two decades later, she became president judge — again as the first woman — when her colleagues elevated her to lead the bench in Easton from 2008 to 2013.
“It’s not going to be an easy thing to walk away from, but it’s time,” McFadden said in an interview. “It’s time to make a change.”
The retirement was a sur
prise, since McFadden was seeking retention on November’s ballot. But in a short letter Monday to the court, McFadden said she was withdrawing her candidacy for another 10year term and resigning effective Nov. 30.
McFadden said she went back and forth over the last year and a half on whether she wanted to stay on. She said she hopes to spend more time with her family, including a 1-yearold granddaughter, without the daily pressures of being a judge.
She has no professional plans, she said, but does not see herself working in private practice as a lawyer.
“I loved to do my job,” McFadden said. “I give it my all, and I tried to do that as much as I could every day I was here.”
The departure leaves an unexpected judicial vacancy that will be filled in the general election, which is 11 weeks away. Open seats typically draw a raft of candidates, though in this case, it’ll be up to the political parties, and not their voters, to nominate the names that will appear on the Nov. 5 ballot.
The Democratic and Republican parties have until Sept. 16 to do so, said Wanda Murren, a spokeswoman for the Pennsylvania Department of State. Independent candidates and those from other parties also have until then to file nomination papers.
On Tuesday, two lawyers who previously had run for judge expressed interest in the post.
Democrat Abe Kassis, an assistant district attorney, said he hopes to be considered for the nomination. Republican Victor Scomillio, a former Northampton County chief solicitor, said he may seek the nod from both parties, if the rules permit it.
Both men were unsure how many other candidates there will be, considering the timing.
“It is somewhat of a unique situation,” Scomillio said. “I don’t know what the field will look like.”
Already, county voters were slated in November to fill one judicial seat, with District Attorney John Morganelli, a Democrat, running unopposed to succeed former Judge Emil Giordano. In May’s primary, Morganelli captured the nominations of both sides of the ballot.
The second open seat adds a wrinkle to that.
According to the Department of State, the two vacancies will be combined into one race, with voters asked to pick their top two candidates. That means Morganelli must now compete in a field of three, though he’ll enjoy an advantage because he has both parties’ nominations.
“If I have to campaign,” Morganelli said Tuesday, “I’ll start campaigning.”
McFadden, 67, has long been a staple at the courthouse, where she is known for her sometimes blunt talk, her punctuality and her no-nonsense approach to moving cases along. On Tuesday, President Judge Michael Koury Jr. called her a “trailblazer” and a source of “guidance and inspiration” to him when he first joined the bench.
“The most important tribute to Judge McFadden will be her enduring legacy of fairly and impartially dispensing justice and wisdom to all who appeared before her,” Koury said in a prepared statement. “All of the judges of the court wish her well as she transitions to a new phase in her life.”
Mark Minotti, an Easton lawyer who was a longtime public defender, said McFadden always impressed him in juvenile court, where she would assign young defendants book reports and encourage them to pursue their education and take pride in themselves. McFadden is smart, well-prepared and always on time, Minotti said.
“She’s like the Army. She gets more done before 9 o’clock than most people do in a day,” he said.
McFadden’s tenure was also praised by Morganelli, who said he first met her decades ago when they were law students at Villanova University.
Though she can be tough when she has to be, in private she is a warm and considerate, Morganelli said, the kind of person who calls to express her concern when a family member is sick.
“She’ll be big shoes to fill,” Morganelli said. “She is probably one of the most experienced judges in the state.”
McFadden is just the latest familiar face on the nine-member court to step aside. Giordano left the bench last year, and Senior Judge Leonard Zito followed in May. Both returned to private practice.