Law firm mum on returning county payments

A law firm that prides itself on giving back to the community had no comment this week about returning a controversial payment for work performed in opposition to marriage equality.

 

In April, the law firm of Begley Carlin & Mandio received $14,780 from Bucks County for services rendered while defending Register of Wills Donald Petrille Jr. in the Whitewood lawsuit.

Whitewood was filed last year by numerous same-sex couples who sought marriage equality and/or marriage recognition in Pennsylvania.

Petrille was sued in his official capacity, after declining to issue a marriage-license application to a same-sex couple.

In May, U.S. District Judge John E. Jones 3d ruled in favor of Whitewood plaintiffs, resulting in marriage equality throughout the state.

Begley filed a brief last year that was widely skewered in news accounts for being a full-scale defense attack, replete with dismissive comments about LGBT parenting.

Bucks County Commissioner Diane Marseglia opposed any county payments going to Begley. She called the legal brief “mean-spirited” and said Begley’s services, in her opinion, bordered on malpractice.

She also expressed a desire for Begley to return the $14,780 payment.

“I have maintained, all along, that we did not give permission for this kind of a defense and I am personally opposed to such a defense,” Marseglia said in a recent email.

The two other county commissioners, Republicans Robert G. Loughery and Charles H. Martin, approved the payment to Begley, and haven’t called for its return.

A spokesperson for Begley didn’t return calls and emails from PGN asking if Begley will return the payment.

According to Begley’s website, “One of the hallmarks of our firm is our passion to give back to our communities. Bucks County is our home and we feel a strong and enthusiastic commitment to help our neighbors prosper and enjoy the civic, cultural and athletic pursuits this county has to offer.”

Whitewood plaintiffs are seeking more than $1 million in legal fees and costs from state and county officials.

While the bulk of any legal fees and costs received by the plaintiffs is expected to come from the state, Bucks County also may be responsible for some.

Petrille, who selected Begley, didn’t respond to PGN’s question about whether he’ll ask Begley to return the $14,780 payment.

But Petrille issued this statement: “When the ACLU dragged Bucks County into the socially divisive issue of same-sex marriage, our office took what we believed were the minimum steps to insulate the county from the damaging provisions of federal law, which shift legal fees onto county governments. This exposure could have been in the millions of dollars. [Begley] submitted bills outlining its charges and the time it spent. The bills were approved at the department level and forwarded to the controller’s office for payment in accordance with county procedures. At all times, our office followed our understanding of Pennsylvania law, and since Judge Jones’ decision, we have been complying with his order, as scores of people seeking marriage licenses have seen.”

In a joint news release issued last year, all three commissioners vowed to “carefully scrutinize” county payments to Begley.

But during an April meeting of the Bucks County commissioners, Petrille underestimated by $1,230 the payment requested by Begley. Petrille also gave an incorrect month for Begley’s withdrawal from the Whitewood case.

Petrille’s statements weren’t corrected at subsequent commissioners meetings. 

Asked by PGN about these discrepancies, Petrille declined to comment, pointing instead to his statement.

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.