WILKES-BARRE — A Chester County attorney has filed a motion in Luzerne County Court asking that all Luzerne County Court of Common Pleas judges recuse themselves from a child custody case, alleging evidence found on a computer showed Judge Jennifer Rogers had inappropriate communications with one of the parties the case.
The motion was filed by Attorney Samuel L. Stretton of West Chester on behalf of Anthony Banta. It requests that Rogers and Judge Stefanie Salavantis and all other Court of Common Pleas judges recuse themselves from the domestic case of Anthony Banta and Suzanne (Banta) Mattern.
Salavantis is presiding over the case, but Stretton alleges Mattern and Rogers were corresponding about details in the case.
According to the filing, “Suzanne (Banta) Mattern turned in a computer to Anthony Banta and on the computer, to Mr. Banta’s shock and dismay, there were numerous messages with domestic Administrative Judge Jennifer L. Rogers to Ms. Mattern instructing her on how to handle the case and suggesting the case would be improperly resolved.”
Messages were left with Rogers and Salavantis seeking comment Wednesday morning; however, a rule under the Code of Judicial Conduct prohibits judges from making statements on pending and impending cases.
Efforts to reach an attorney representing Suzanne (Banta) Mattern were not immediately successful on Wednesday.
Filing alleges ‘numerous messages’
Stretton’s filing goes on to say: “Now that these texts have been discovered, it would appear that all members of the Luzerne County Bench, particularly all members of the Domestic Division, including the assigned judge (Salavantis) should recuse themselves not only because of the appearance of impropriety under the Code of Judicial Conduct, but because of actual misconduct by the Administrative Judge.”
Stretton’s filing states that the text messages between Judge Rogers and Suzanne Banta Mattern “are outrageous and clearly show that the judge was trying to influence the case and had promised to do so.”
The court filing states that “numerous messages between Judge Rogers and Ms. Mattern appear to have occurred between January 2021 and April 2021, when the divorce started on April 9, 2021.”
The filing also states that “Judge Rogers selected Ms. Mattern’s divorce counsel, (and) appears to have reviewed and guided the formation of legal documents, including custody.”
According to the filing: “One of the texts says ‘luckily my friend who married us is a judge and lawyer dealing with custody so she 100% has my back.’ This message was sent by Ms. Mattern to a third party and not the judge.”
The filing requests all texts and emails of any communication by Judge Rogers and Mattern be provided to Stretton and also asks that a hearing on all matters be held and the child both be removed from Luzerne County “without further orders.”
Hearing in divorce case set
Meanwhile, Salavantis, who has presided over the divorce and child custody cases, has scheduled a hearing for Dec. 21 on a motion filed by Mattern for sanctions against Banta.
A review of the case alleges Banta has failed to pay credit card debt, return an engagement ring with Mattern’s grandmother’s diamond, and failed to cooperate with the division of personal property.
A hearing on Stretton’s excusal motion had not been scheduled as of Wednesday afternoon.
Attorney Stretton said lawyers have mandatory obligations to report issues regarding judges.
“Unfortunately this had to be filed,” Stretton said. “I take no pleasure in doing so, but the integrity of the court system is paramount and there are questions that must be dealt with here.”
Due to confidentiality rules, the Times Leader was not able to determine whether anything has been filed with the Judicial Conduct Board in Harrisburg with respect to the allegations.
Stretton said he would will be filing a motion in Luzerne County later Wednesday to preserve all text messages, phone messages, emails, letters and memos concerning this case. He said he is asking the court to order Rogers and Mattern to preserve all those correspondences.