Federal Lawsuit Over Midnight Payraises Advances Against Rep. Argall And Other Leaders

October 22, 2008

Federal lawsuit over midnight payraises advances against Rep. Argall and other leaders.

For immediate release:
contact: Bill Mackey 570 386 2505 mackeyw@ptd.net

A recent story in the Legal Intelligencer reports that a federal lawsuit against state Rep. David G. Argall (R-124) and other leaders of the General Assembly, Governor Rendell, and former Pennsylvania Chief Justice Ralph Cappy is advancing in the 3rd U.S. Circuit Court of Appeals (http://www.law.com/jsp?id=12020425296354). The suit was filed by plaintiffs Common Cause of Pennsylvania, The League of Women Voters of Pennsylvania, state Rep. Greg Vitali (D-166) and four individual citizens.

The suit alleges that state Rep. Argall and other leaders of the General Assembly, Governor Rendell, and former Pennsylvania Chief Justice Ralph Cappy conspired to violate the constitutional rights of the plaintiffs and the citizens of Pennsylvania by passing the controversial July 2005 midnight pay raise legislation in a way that prevented public comment, the full participation of all elected representatives and honest judicial review.

According to the allegations in the complaint, former Chief Justice Cappy entered into secret negotions in 2005 with legislative leaders at the time and the Rendell administration to increase the salaries of every state judge and legislator, as well as high-ranking executive branch officials. The legislative leaders at the time included state Senators Jubelirer, Brightbill and Mellow. State Reps. Perzel, Argall, DeWeese, and Veon. The suit also charges that former Chief Justice Cappy and other unnamed justices met in secret with legislative leaders and threatened that the Pennsylvania Supreme Court would decide two pending cases against the legislature unless a bill was passed to provide increased funding for the judicial system.

The case will be argued before a special three-judge Federal Appeals Panel on whether the process used to pass the midnight pay raise violated the constitutional rights of the plaintiffs and the citizens of Pennsylvania.

Rep. Argall is represented by attorneys from the Philadelphia law firm of Stradley,Ronon, Stevens, and Young, PRESUMABLY AT THE EXPENSE OF PENNSYLVANIA TAXPAYERS.