Collections Lawyer From Emmaus Tapped as NorCo's New Solicitor

Along party lines, Northampton County Council has confirmed Emmaus attorney Ryan Durkin as the County's new Solicitor. He was nominated by Executive John Brown to replace Bethlehem attorney Vic Scomillio, who resigned so he could focus on his race for judge.  All five Republican's supported Durkin's appointment at their February 19 meeting, while all four Democrats were opposed.

Hayden Phillips, who stated he is proud to be referred to as a "conservative tea party member," is ironically often the swing vote for Democrats. But during Durkin's confirmation hearing the day before, he supported Durkin.

"Ryan's a lawyer. He has solid work experience. Did a Google search. No felonies. No misdemeanors. No moral lapses. And the Executive feels like he could work with Ryan. That's good enough for me."

But Durkin, though an experienced collections lawyer, has no real experience in dealing with county law, which troubled Council member Bob Werner. Several former Solicitors, including Jack Panella and Bill Moran, went on to become distinguished judges, But Durkin is a nonresident who does not even belong to the Northampton County Bar Association. This bothered Council members Ken Kraft and Scott Parsons.

Durkin defended his status as a collections lawyer. "To the extent debt collector has been thrown around, I don't think that's a bad word. They provide a service that's necessary to keep the County running."

Speaking on behalf of Durkin was Attorney Bob Daday, who is employed by Portnoff law firm. That firm has come under attack for the fees it charges to property owners when it files liens on behalf of municipalities. That law firm is responsible for numerous of the Sheriff's Sales conducted in Northampton County. Yet Durkin referred to this privatized tax collector as "humane in the way that they collect."

Lamont McClure provided Durkin with a copy of the Home Rule Charter and asked him whether he'd agree that County Council has no power to borrow money to balance a budget or pay operating expenses. Durkin. He stated he'd have to study the matter."This is the first time I'm seeing this," he explained. The day before, he told Council he had read the Home Rule Charter.

McClure also had a few questions about the Administrative Code, to which Durkin declined to answer, explaining he would not want to respond "off the cuff, standing here at the dais."

"That's fair enough,"countered McClure. "I don't think anyone argues that you have any particular experience with our Home Rule Charter or Administrative Code, and I think that's being demonstrated."

When McClure had finished, Phillips complimented Durkin on avoiding the "bear traps" set by McClure. He added that he felt he needed to give great deference to the Executive's choice. "It's on his shoulders. He's picking the man he wants to work with."

"Exactly," concurred Peg Ferraro, who has only voted once against an Executive's cabinet pick.

Durkin stated he planned on making no changes inside the Solicitor's office.

John Brown told Council he had spoken to a dozen Northampton County lawyers. He feels that Durkin fits best with his team approach. Acknowledging that Durkin lives outside the County he told Council he did make a concession. "He is in the state of Pennsylvania," he joked.  

Debt Collector Likely to Be Confirmed as NorCo Solicitor

Ryan Durkin

To NorCo Council member Hayden Phillips, the confirmation of Ryan Durkin as the County's new Solicitor is a no-brainer. "Ryan's a lawyer. He has solid work experience. Did a Google search. No felonies. No misdemeanors. No moral lapses. And the Executive feels like he could work with Ryan. That's good enough for me." Whether he's good enough for five members of Council is the question that will be decided tonight. Five votes are needed to confirm a cabinet pick. He'll probably get them in another vote along party lines,. But is it the right choice?

I'd say No. I agree that an Executive's picks for cabinet level positions should be given great deference. And Durkin certainly does have a law degree, and is the person Brown wants. But a Solicitor is more than Brown's legal mouthpiece. He represents the people of Northampton County in all civil matters. Historically, the position has been conferred only on the County's top lawyers. Legal scholars like Bill Moran and Jack Panella, who went on to become distinguished jurists. Even now, former Solicitor Vic Scomillio is running for Judge. Brown would like to give this important position to a debt collection lawyer. One who does not even live in this County. Having reflected on it, I find the choice insulting.

It's insulting to the attorneys who preceded Durkin and accepted a low salary for a part-time position. They were there to serve the County and make it a better place. Durkin is there for the dough.. In response to a question from Ken Kraft, he conceded he's not even a member of the Northampton County Bar and has no familiarity with the County's judges or its lawyers.

Durkin has done some work for two counties, but mostly in the same role that predators like Portnoff Law occupy. He's a tax farmer. A hired gun who goes after poor bastards who fall behind on their real estate taxes, filing liens and charging outrageous sums as "reasonable" attorney fees. In some people's minds, those are lawyers. In my mind, they are tax farmers. These privatized tax collectors have been viewed with derision since this nation was first formed, yet John Brown is embracing one of them as the Solicitor

With his unilateral changes to the health care plans in place for County workers, we know what John Brown thinks of what he once called "the County's most valuable asset." Now you should know what he thinks of the rest of you. He is bringing in a man who specializes in squeezing nickels and dimes out of taxpayers.

A very real part of what a County Solicitor does requires knowledge of the Pa. Municipalities Planning Code, the Third Class County Code and numerous arcane laws regarding the filing of documents in the various row offices. Durkin, though a lawyer, knows none of this because his practice is focused on different areas.

To make matters worse, he's a tad cocky. "I've read the Home Rule Chater," he told Council member Bob Werner, adding that he's "litigated derivative complaints. I've litigated just about everything under the Sun. The complexity of the Home Rule Charter or the Lackawanna County Administrative Code or the tax laws, I have not found to be tremendously difficult to apprehend."

I apprehend that as a problem

My father used to tell me he knew a lot of people with law degrees, but very few lawyers. As a person who possesses a law degree and was retired before my time as an attorney by a unanimous Pennsylvania Supreme Court, I think this is a bad nomination. The County needs a lawyer, not a tax collector. A lawyer who is willing to tell the executive what he needs to hear, not what he wants to hear. It makes no difference to me whether Brown can work with him. This man is there to represent the entire County, not just Brown

Brown submitted a letter of recommendation on behalf of Durkin, hoping it might push him over the top. And maybe it will. It's a letter from a Philadelphia lawyer who, like Brown, graduated from Notre Dame and watched Durkin grow up. It establishes that Durkin is a fine man, and I have no doubt that he is. But this job requires a fine lawyer, knowledgeable in municipal law and from this County. We're getting a debt collector. Durkin will be a workin' for the County, collecting $58,000 to shake the money tree.