SCRANTON — A judge on Wednesday said he likely would dismiss Bob Bolus’ lawsuit against Lackawanna County Commissioner Bill Gaughan over the filling of a commissioner vacancy.
Lackawanna County President Judge James Gibbons did not immediately issue a ruling. But at the conclusion of a hearing on oral arguments, Gibbons told Bolus that it appears he does not have the legal standing to pursue the lawsuit.
“I don’t see that your petition has merit,” Gibbons told Bolus. “I don’t think you have the standing” that’s required to advance the lawsuit any further.
Bolus sued Gaughan in April to bar him from having county-paid legal representation in pending litigation over the filling of the vacancy of former Commissioner Matt McGloin, who resigned in late February.
Bob Bolus Sr. (COURTESY OF BOB BOLUS SR.)
Gaughan and the county initiated litigation in March aimed at removing the Lackawanna County Democratic Committee from the process of replacing McGloin, a Democrat. In that case, Gaughan and the county challenged the Home Rule Charter process that gives the local Democratic Party a key role in picking candidates to forward to judges who would choose one to fill the vacancy.
The Gaughan/county challenge argued that a recent state court rule says judges alone get to fill such a vacancy and that process should be followed in filling McGloin’s seat. But last month, a panel of county judges voted 2-1 to uphold the charter process. Gaughan and the county are appealing the panel’s ruling, and that appeal remains pending.
Lackawanna County Commissioners Bill Gaughan and Chris Chermak listen to a speaker during the commissioners meeting held at the county Government Center in Scranton Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
County Commissioner Matt McGloin speaks during the Lackawanna County Commissioner reorganization meeting at The Government Center in Scranton.
The lawsuit by Bolus, a Republican, against Gaughan, a Democrat, raised arguments similar to those of Republican Lackawanna County Commissioner Chris Chermak — mainly that Gaughan acted unilaterally in challenging the charter process, and if he wants to pursue it, he should do so individually, with his own personal attorney, and pay for his own legal bills.
At Wednesday’s hearing, attorney Harry Coleman, representing the county and Gaughan, argued that Bolus may feel aggrieved by the vacancy dispute but he simply does not have legal standing in the matter to advance the lawsuit.
Bolus, who filed the lawsuit pro-se, meaning without an attorney and representing himself, contended he has legal standing because, “Bill Gaughan harmed me and taxpayers” in the vacancy issue.
“This is a personal thing he’s doing and he wasn’t authorized by the commissioners” to pursue the initial litigation challenging the Home Rule Charter process, Bolus said. “I’ve been harmed by him one way or the other.”
Gibbons replied that the panel of judges determined Gaughan was acting in his capacity as a commissioner and that ruling is binding on Gibbons in Bolus’ lawsuit.
Bolus also spoke of having political and personal differences with Gaughan, who was not present at the hearing.
Gibbons noted the suit was not about politics and likened some of Bolus’ legal arguments to mixing apples and oranges. The judge also corrected some of Bolus’ statements regarding prior proceedings in the vacancy dispute.
County Court of Common Pleas Judge James Gibbons gives remarks after he is sworn in as president judge of the county Court of Common Pleas in a courtroom in the Lackawanna County Courthouse in Scranton Monday, March 17, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
In seeking dismissal of Bolus’ lawsuit, Coleman said, “We’ve listened to Mr. Bolus’ political musings, but that doesn’t carry the day for him.”
After the hearing, Bolus said intends to appeal an adverse ruling.
The Lackwanna County Courthouse in Scranton on June 25, 2025. (JIM LOCKWOOD / STAFF PHOTO)