Thread: HAZELTON legal fee ruling will have to wait

Legal fee ruling will have to wait

http://www.thetimes-tribune.com/site/ne ... 6046&rfi=6
BY L.A. TARONE
STAFF WRITER
09/21/2007

HAZLETON - The city will not have to pay legal bills for the plaintiffs' attorneys in the Illegal Immigration Relief Act case before the appeal of the decision overturning the law is heard.

Judge James M. Munley, of the U.S. District Court for the Middle District of Pennsylvania, issued an opinion Thursday afternoon. In it, he said he would not rule on the legal bills question until the appeal is heard.

The decision means the attorneys will have to wait until the Third Circuit Court of Appeals in Philadelphia issues its ruling before they know if they'll be paid by the city.

In late July, Judge Munley overturned Hazleton's illegal-immigration law, saying it violated the supremacy clause of the Constitution. The city has appealed that decision to the Third Circuit.

Judge Munley's decision did not carry a monetary award to the plaintiffs, which included the Puerto Rican Legal Defense and Education Fund, the American Civil Liberties Union, a handful of private law firms and several individuals - some of whom were identified only as "John Doe" or "Jane Doe."

However, attorneys who handled the plaintiffs' case later filed a motion asking the court to order the city to pay $2.4 million in legal fees.

Judge Munley's order issued Thursday in effect delays a decision on that question until the Third Circuit appeal on the crux of the case is heard. If the city wins the appeal, the legal bills question would become moot.

The city was informed of the ruling late Thursday afternoon. Mayor Lou Barletta was pleased.

"Some good news," Mr. Barletta said. "It means we can concentrate on the main appeal."

Mr. Barletta said he believes the city will win on appeal.

The city was prepared to appeal an order to pay the plaintiffs' legal bills, had one come.

"This decision today means we don't have to worry about that until we have a decision in the main appeal," Mr. Barletta said. "That's good because we'd rather not have had two appeals going at the same time."

A copy of the decision was not available Thursday night.

Contact the writer: tarone@standardspeaker.com

This is so obsurd. Mayor Barletta should sue the Anti Christian Leftist Union for false advertising by using "American" in their first letter. There is nothing American about this crap group.