Judge Dally Sides With DA in Spat With Stoffa

Judge Dally Decision on DA's Independent Authority

Debate Continues Over DA's Independence

A Morganelli predecessor

On Wednesday, I put most of you to sleep with a very lengthy post that balances an important public interest in an independent District Attorney against the public interests in a professional staff, transparency and fiscal accountability. That's what's going on in District Attorney John Morganelli's mandamus action against Executive John Stoffa. Facially, it might seem trivial. But these are important considerations. A DA needs to be insulated from other branches of government. But the people, through County Council, also have a legitimate interest in determining how the office is funded.

Yesterday, County Solicitor Danny Spengler answered Morganelli's Complaint, and included what lawyers call a "New Matter" that will require a response from the DA. Unfortunately, I don't have it at this point.

But I do have a well-written memo from Council Solicitor Phil Lauer to Council. I pretty much share his view.

This lawsuit could have been avoided had Lamont McClure's Legal Judicial Committee been conducting meetings to review the Home Rule Charter. For over three years, he has failed to schedule a single meeting.

Are DA Promotions Subject to Review by Council?

How Far Can a DA Go?

A reader has sent me this opinion:

I'm not ready to pick a fight with Morganelli or Council's Solicitor so I will give you my unsolicited opinion here. If the DA is lawfully allowed (under the County Code or under Home Rule) to arbitrarily dole out wage increases or create new positions, you then eliminate any system of checks and balances given to the County by State Statutes. Think about this, The Controller is elected, the Magistrates are elected, the Judges are elected. Are you saying because they are elected that they have the authority to dole out pay raises? What a financial mess this will create. Could you see the Courts giving wage increases and creating jobs at their will and fancy? No system of checks and balances will result in Mayhem.

You are aware that Lauer [the Council Soliticor who agrees with the DA] must bargain with the DA on many of his criminal cases. What do you expect him to say to the DA? Stoffa must take this to court or Council is impotent when dealing with elected officials in the future.

How did the DA get the extra money in his budget to pay for these raises? That's easy enough, You simply don't spend money you allocate for something else and use it for pay raises. I don't think so. Stoffa must stand up to the DA and take this to court.

County Commissioners in most Counties are both legislature and administrators. In all Countys, the DA brings his budget before the Commissioners. No here is the DA allowed to dictate to the Commissioners. State Law (County Code) allows the Commissioners to be the check and balance on the DA.

Council should give a lot of leeway to the DA so as not to hamper his everyday operation however, Council cannot and must not give in to the DA because he simply wants raises for his people.