Plaintiffs group say he should have not heard case.

By Christopher Baxter
Of The Morning Call

A Northampton County judge -- criticized for not excusing himself from a recent case involving a deal with Chrin Brothers Sanitary Landfill -- will consider a recusal request next week.

In a somewhat unusual move, Judge Anthony Beltrami filed a motion to reconsider a request for recusal himself on Monday, after he received a letter from a group of Williams Township residents who claimed Beltrami should have removed himself from the case because he received campaign contributions from company resident Charles Chrin.

''Pending an appeal, it was difficult for the court in that [Beltrami] couldn't respond,'' said Court Administrator Jim Onembo. ''So this permits everybody the opportunity to come forth on Feb. 26 and air any concerns they have that were contained in the letter.''

The Committee to Save Williams Township sued local supervisors in February 2008, claiming they illegally negotiated an agreement with Chrin in secret. The landfill was not a party to the case, but company lawyers later became involved. Beltrami tossed out the suit in January.

In a Feb. 5 letter to President Judge F.P. Kimberly McFadden, the grass-roots group said that had they known Beltrami received $5,000 in campaign contributions from Chrin in 2005, they would have asked the judge to recuse himself. The motion Monday gives them a second chance to ask Beltrami to step aside.

''We're absolutely pleased that the court's responding,'' said Kathy Lilley, the spokeswoman for the committee. ''We're pleased Judge McFadden forwarded the letter, and that Beltrami realized it required his consideration.''

The residents questioned Beltrami's decision to not disclose the contribution in part because the original judge, Paula Roscioli, recused herself for receiving $6,000 from Chrin between 2003 and 2005 and for having other ties to the company.

According to campaign finance records, Chrin also gave $4,000 to Judge Edward Smith in 2001 and $2,000 to Judge Emil Giordano in 2003. Greg Chrin, Charles' son, gave $500 to Judge Leonard Zito in 2001.

The American Bar Association recommends that judges disclose information that might be considered grounds for a recusal, even if a judge believes there is no basis. The group also suggests setting a maximum of campaign money judges can receive from an interested party before disqualifying themselves.

But neither of those provisions has been adopted in Pennsylvania. The state Code of Judicial Conduct essentially gives judges the power to decide whether campaign money might reasonably create the perception of bias.