Judge Rita Hathaway shifts to Westmoreland civil court as part of bench reorganization

Westmoreland County’s longest-serving judge, and one of its most experienced on the criminal court bench, will take on a new assignment in January.

Common Pleas Judge Rita Hathaway, who for the past 16 years has presided over criminal cases, will shift to the civil division as part of a reorganization of judicial assignments that will be implemented at the start of 2020.

“I never thought I would leave criminal court, ever. I loved it and still love it, but I want a new intellectual challenge. I don’t want to retire and think I may have missed out on something I love,” Hathaway said of the new assignment.

Hathaway, 69, worked for more than a decade as a prosecutor with the district attorney’s office before she was elected judge in 1997. She spent her first six years in family court before moving to the criminal division, where she has overseen some of the highest-profile cases.

In 2017, Hathaway became the first woman elected to serve as the county’s president judge. In that role, she oversees administration of the court and is responsible for judicial assignments, although those are typically determined by seniority.

Her move to civil court is part of a reorganization made necessary by previous retirements and the installation of two newly elected judges.

Court Administrator Amy DeMatt said January will mark the first time in several years that the court will have its full complement of 11 judges.

The county’s Common Pleas Court is divided into three divisions: criminal, civil and family court. Four judges hear cases in the criminal and family court divisions. Three judges are assigned to hear civil court cases.

Two newly elected judges, Mike Stewart III and Justin Walsh, will take seats on the bench starting in January. Both will be assigned to the family court division. Judges Michele Bononi and Jim Silvis will remain in family court.

Judge Scott Mears, who has spent the past two years hearing family court cases, will take over Hathaway’s criminal docket. Judges Tim Krieger, Christopher Feliciani and Meagan Bilik-DeFazio will remain assigned to the criminal court division. Hathaway will join judges Chris Scherer and Harry Smail Jr. in civil court.

DeMatt said the county will still attempt to use senior judges to handle summary appeals and protection from abuse cases. The county for the past two years has relied on senior judges to fill in scheduling gaps in family and civil court because of retirements.

“We’re waiting for the (Administrative Office of Pennsylvania Courts) to determine how we can use senior judges,” DeMatt said.