Westmoreland Register of Wills fined, agrees to resign

Westmoreland County Register of Wills Sherry Magretti Hamilton, whose management of the office has been sharply criticized, was ordered Monday to pay a $10,000 fine as she agreed to step down from her elected position at the end of the year.

The agreement resolves a criminal contempt of court case that arose over her failures to properly oversee the court-related office.

Common Pleas Court Judge Harry Smail Jr. announced the settlement ahead of what was expected to be a sentencing hearing that could have resulted in Hamilton’s jailing. Instead, the deal ends the criminal case against the three-term Republican officeholder, who last month was found guilty of three counts of contempt of court for violating two court orders that required her to meet specific work goals.

As part of the deal, Smail and Judge Jim Silvis vacated Hamilton’s criminal conviction and converted the contempt of court finding to a civil offense.

Speaking briefly as she left the courtroom on Monday, Hamilton declined to discuss specifics of her decision to resign at year’s end.

“God has a plan and I trust that,” Hamilton said.

Hamilton, who was unopposed when she was reelected last November, last week announced she would remain in office until her term expires at the end of 2027, when she said she would withdraw from politics.

She will have until the end of the year to pay her fine and agreed not to appeal the ruling.

Defense attorney Ryan Mergl said the settlement was a fair outcome of a case that started in January after two judges accused Hamilton of repeated failures to adequately operate the courthouse office that oversees the filing of adoption, guardianships, wills, estates and marriage licenses.

Court officials said Hamilton’s stewardship of the office resulted in long delays in processing adoption certificates and appeals. She was accused of neglecting hiring needs and of failing to appear regularly at work in the face of two court orders that required her to take corrective measures for issues that plagued the office since at least 2019.

“We’ve maintained all along that none of these actions were criminal,” Mergl said of the settlement.

Hamilton for the next six months will continue to be paid her annual salary of nearly $90,000 and serve as an office employee under the direction of court-appointed conservator Jim Antoniono.

Smail, in court, said the assessed fines are expected to offset the costs of the conservator, who is paid $170 an hour.

“This agreement saves Westmoreland County taxpayers three additional years of her term and a savings of $270,000 in salary and benefits. The savings are a benefit to Westmoreland County,” Smail said.

Antoniono recently submitted his first invoice to the county that totaled nearly $5,000. He said he did not expect his total pay to exceed $10,000 and suggested new fees implemented this month will help offset his salary.

The office this month started charging estate filers $100 to appear remotely to be sworn in rather than drive to the courthouse in Greensburg. An additional $50 fee will be imposed on filers from outside of the county.

Meanwhile, Antoniono said Hamilton’s role over the next six months has yet to be determined.

“We will make sure she provides some services to the county,” Antoniono said.

Westmoreland County Commissioners Ted Kopas and Sean Kertes previously called on Hamilton to resign, as did a handful of protesters who gathered outside the courthouse Monday morning.

Diane Starnick of Greensburg said the demonstration was organized last week.

“It’s unbelievable that people were made aware about this before they voted for her,” Starnick said.

The group, holding signs at the corner of Main and West Otterman streets, suggested Hamilton forfeit her salary.

“You’re an incompetent fool. Get out of our government,” said Chris Baldonieri of Latrobe.

Gov. Josh Shapiro will have the authority to appoint Hamilton’s full-time replacement once she officially leaves office. Any gubernatorial appointment will have to be confirmed by the state Senate.

“Clearly, there was a deal and it’s a half victory for Westmoreland County taxpayers. I respect the court’s decision,” Kopas said of the settlement. “My goal is to have a functioning office and to protect taxpayers. This ruling accomplishes that, eventually.

“I’m just hopeful that when a replacement is made, that person is more competent,” Kopas continued.