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Friday, May 08, 2009

Montco D.A. sues county commissioners

Montgomery County District Attorney Risa Vetri Ferman has filed a lawsuit against the Montgomery County Commissioners over a new ethics law that prohibits many county employees from seeking elected office.

The recently-enacted law was the brainchild of Democratic Commissioner Joe Hoeffel, a career politician, who some critics believe is attempting to prevent the mostly Republican county employees from challenging Democratic officer-holders.

Hoeffel is supported by Commissioner Jim Matthews, who is the mold of Arlen Specter usually votes with Hoeffel. Republican Commissioner Bruce L. Castor Jr. voted against the "ethics" revisions.

From a story in The Norristown Times-Herald about Ferman's lawsuit:
Ferman said the commissioners lack the statutory or legal authority to regulate operation of the D.A.'s Office.

"I believe the county commissioners do not have the authority to supervise DA’s Office employees, and I think it’s a very slippery slope," she said.

Ferman said the D.A. is an "independently elected row officer, and (the office) needs to be run without interference from other elected officials."

As well, the D.A. questioned the law's fairness given that it prohibits far more employees in her department from partaking in politics than any other county office.

"It certainly has the appearance of the DA being targeted specifically," Ferman said.

Traditionally, county D.A.s or assistant D.A.s have used their political clout to run for elected office. Two former D.A.s, Castor and Michael D. Marino, ran for commissioner while still serving as the county's top law enforcement official.
This whole incident is more political grandstanding by Hoeffel. His arrogance is going to cost the county tens of thousands of dollars in legal fees and the county is going to lose the case. Pennsylvania courts have ruled repeatedly that county commissioners cannot tell independently-elected row officers how to run their departments.

Read the full story at the newspaper's Web site.

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