All three Westmoreland County judges who are seeking new 10-year terms on the Common Pleas Court bench know there is political attention this year on judicial retention.

They also worry the large sums of cash spent to campaign for and against the retention of three Pennsylvania Supreme Court justices could impact what has historically been a sleepy and easy road to keep their seats on the local court.

Not since 1979 has a Westmoreland County judge failed to be retained by voters.

Judges Tim Krieger, Scott Mears and Harry Smail Jr. were elected to their first terms on the bench in 2015 and are now seeking another 10 years presiding over court cases.

Unlike the state Supreme Court retention race where millions of dollars have been spent, Westmoreland County’s local retention campaign has mostly flown under the radar.

The judges, through the Westmoreland Bar Retention Committee, sent out mailers last week to county voters in support of the returning the judges to the bench.

There’s been little else in the way of campaigning. According to campaign finance records on file in Harrisburg, the judges’ combined retention campaign has spent less than $15,000 through late October.

That’s been deliberate, according to the judges.

“We live in interesting times, and we can’t control what’s happening in the state. Our local residents know us and know me. I’ve spent 18 years in public life, so they trust what I’m doing,” Krieger said.

Mears said the county’s judges want to keep away from politics.

“Justice is not politics. That’s our overwhelming philosophy,” Mears said.

Smail said there was some initial debate as to whether the heated state judicial retention could impact the local race, but ultimately it was decided that a lower profile was preferred to reduce the possibility that state politics could influence the retention of county judges.

The retention of all three local judges was overwhelmingly endorsed by the county bar association.

Mears’ retention received 96.75% support from bar lawyers, Smail 94.59%, and Krieger 92.26%.

“Many of our members routinely practice in front of these judges and are familiar with their qualities to serve as a judge in Westmoreland County,” said bar association President Leo Ciaramitaro. “Member polls regarding the retention of local judges are an important part of our mission of community service and education.

“Our goal in publicizing these results is to help voters be better informed when voting on whether to retain these judges.”

Common Pleas Court judges in Westmoreland County receive annual salaries of $227,411.

Krieger, 64, of Delmont served as a lieutenant in the U.S. Navy, worked as an attorney and spent six years as a state representative before he was elected judge a decade ago. He served two years presiding over Family Court cases before switching to hear criminal cases.

Krieger also presides over the county’s Veterans Court, which he helped launch in 2019, and this year received the Fred Funari Award for outstanding service from the Mental Health Association of Southwestern Pennsylvania.

“People know me and know I am fair, fair to those who should be found guilty and accountable and fair to protect the innocent,” Krieger said.

Mears, 55, of Unity, has spent the past six years hearing criminal court cases transferring over from the county’s Family Court Division. In 2023, he took over as one of two judges who preside over the county’s drug court program. Mears previously worked as an attorney focusing on civil litigation.

Launching a special court to oversee cases for participants with mental health needs is a goal if he is retained to serve another decade on the bench, Mears said.

“A lot of individuals involved in our cases also deal with mental health issues,” Mears said. “Our system loses track of these people. We need a way to keep track of these people to make sure they stay out of trouble and are getting treatment.”

Smail, 59, of Greensburg, has the longest tenure on the bench of the three judges seeking retention.

He initially was appointed to serve as a judge in 2014, following the retirement of former President Judge John Blahovec, and elected the next year to a full 10-year term. Smail worked as a county probation officer and attended law school at night before becoming an attorney who handled both civil and criminal cases.

Smail has since served four years in Family Court and since 2018 has presided over civil and orphans court cases, including the controversial decision last year to find former Register of Wills Sherry Magretti Hamilton in contempt of court over failure to perform her required duties.

Smail had sought various county offices and was defeated in two prior attempts to be elected county judge. During his campaign in 2015, Smail’s campaign was not supported by a majority of bar association lawyers.

He noted that his work on the bench has since won over critics.

“It’s not just the love of my life, public service, it’s so profound to be in the position I’m in,” Smail said. “It’s humbling. I want to give back as much as I can, to do it with justice and integrity.”

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