Westmoreland County Register of Wills Sherry Magretti Hamilton on Friday fired the taxpayer-funded lawyer who has represented her courthouse office since 2012.
Michael Nestico, who has served as the register’s solicitor since before Hamilton first took office in 2016, was told he was removed from his part-time position in favor of a Pittsburgh criminal defense lawyer and Washington County political operative who handles legal duties for two elected row officers in a neighboring county.
Hamilton, a Republican from Hempfield, was elected to his third term in office last fall.
“It came as a surprise to me today. The explanation I received is she needed someone to better represent her during this (contempt of court) matter,” Nestico said. “There’s been a lot of turmoil and I feel I’ve been caught up in that.”
Hamilton is facing a sentencing hearing next month in which she could be ordered to serve a jail term or fined for violating two court orders that required her to meet specific standards in the operation of the office where adoption, guardianship, wills and estate records are processed and filed.
Westmoreland County Common Pleas Judges Harry Smail Jr. and Jim Silvis this week found Hamilton in contempt of court. Court officials contend the register of wills office for several years has failed to meet filing deadlines and perform other required duties in a timely manner.
Hamilton did not respond to requests for comment Friday.
Nestico appeared with Hamilton at an administrative court hearing in January and again during the second day of her contempt of court hearing in April in his role as office solicitor.
Hamilton hired Ryan Mergl, a private Pittsburgh-based lawyer to represent her in a personal capacity at the contempt hearings. Mergl remains as Hamilton’s personal lawyer.
Nestico, who holds a full-time job as the municipal manager for Murrysville, was paid $8,599 in his role as the register of wills solicitor.
Hamilton hired Carnegie-based attorney Sean Logue as the office’s new solicitor.
Logue, according to his website, has a criminal defense legal practice specializing in drunken driving cases. He also serves as chairman of the Washington County Republican Committee and is the solicitor for the clerk of courts and prothonotary offices in Washington County. He has previously served as solicitor for the Washington County Register of Wills Office.
“I have a lot of experience interacting with row officers who have court orders against them,” Logue said Friday. “I will not litigate the (contempt) matter, but I may be able to get everyone on the same page.”
He said his initial duties will be to review the administrative orders that led to the contempt of court finding and assist Hamilton and staff to meet the requirements set out in November 2022 and again in January that mandated improvements in office operations.
In his court opinion penned earlier this week, Judge Smail said a conservator would be temporarily appointed to oversee the office in Hamilton’s stead even as she remains in the elected position that pays her $89,774 annually.
“I think with me on board, I don’t think a conservator is needed,” Logue said.
Logue’s hiring was blasted Friday by Westmoreland County Commissioner Ted Kopas, who earlier this week called for Hamilton to resign or be removed from office by state legislators.
“The timing of this is suspicious as hell. I can’t help but think she is using a taxpayer funded lawyer to support her criminal defense,” Kopas said. “There appears to be a serious potential for a conflict of interest.”
Rich Cholodofsky is a TribLive reporter covering Westmoreland County government, politics and courts. He can be reached at [email protected].
