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The question acknowledged previously published information on Republican Harry Ness's 1983 arrest and conviction for a small amount of cocaine, Democrat Kathleen Prendergast's $24,000 federal tax lien and a mortgage foreclosure filed against Democrat Sandra Thompson.
But the question, submitted by an anonymous audience member, partially stated, "Mr. Patterson has a finding of prosecutorial misconduct before the court for withholding evidence in a criminal case."
Patterson, 60, a Republican, responded, "I am not aware of any such finding."
After the forum, Patterson said he understood the question was in reference to a 2008 ruling on the murder case of Brian Hummert, which Patterson prosecuted.
Patterson also said construing a judicial opinion on a case as "prosecutorial misconduct" was "dirty politics."
Judge John C. Uhler, in overturning Hummert's murder conviction, ruled that Patterson withheld information of a sentencing agreement with a commonwealth witness -- a prison inmate -- from the defense. Uhler never used the phrase "prosecutorial misconduct," a legal term.
Uhler said withholding the information violated Hummert's rights to due process and prevented the jury from considering "the credibility and motivation" of the witness' testimony.
At the time of Uhler's ruling and again Wednesday evening, Patterson said "the commonwealth vehemently disagreed" with Uhler's finding. The district attorney's office appealed Uhler's ruling to the Pennsylvania Superior Court. The case remains there.
After the forum, Prendergast also challenged the credibility of Patterson's answer to the question. She pulled out a copy of Uhler's ruling and pointed to what she said were key passages.
"The commonwealth's silence under such background facts warrants a finding of the prosecutor's failure to fulfill his responsibilities," Prendergast read from the document.
Advised that Uhler did not use the phrase "prosecutorial misconduct," a legal term, in his ruling, Prendergast asked, "Are you really going to split those hairs?"
The Pennsylvania Disciplinary Board, an arm of the state Supreme Court that has the authority to investigate complaints and issue sanctions against an attorney, does not confirm or deny if a complaint has been filed against an attorney.
The board's Web site lists no disciplinary action against Patterson.
Other candidates' responses
In their own responses to the character question, the other three candidates reiterated what they already had said publicly.
"Mine is the story that won't die," Ness said with a laugh. "In fact, when I die, people will say . . . do you remember he broke the law in 1981?"
Ness, who with Patterson has the support of the local police unions, said he is running on all of his life experiences.
"I'm going to let you decide if my misconduct 30 years ago will affect my ability to be on the bench," Ness said.
Prendergast said when she opened her private practice, she had degrees in law and education.
"They didn't teach me how to run a small business," she said.
She explained she is negotiating with the IRS over her 2003 and 2004 income taxes and has had no tax issues since she incorporated her practice and hired an accountant who has told her not to pay the disputed taxes until negotiations are completed.
"As soon as they tell me what I owe, I will pay it," she said. "If this is the worst thing my opponents can throw at me, I've had a boring life."
Thompson said her income dropped while she campaigned for judge and she went into arrears on her mortgage. She said before the complaint was filed she had entered into a payment agreement with her bank and was current on her mortgage.
Thompson told the audience at the Paul Smith Library of Southern York County that she went into practice to help people and "make a difference in York County," not get rich.
"I wanted to make my practice affordable" to the people who needed her, she said.
She said she made "more (money) last year than what a judge makes."
"You have to spend money on a campaign if you want to make a difference," she said.
