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Harrisburg reform depends on advancement of federal lawsuit

The idea that legislative leaders in Harrisburg would use increased funding for the state judiciary as a way to ensure favorable rulings from the state Supreme Court would normally be hard to believe. But, given what the public has learned in the wake of last summer's controversial pay-raise vote about legislative mischief in the state capital, the allegations contained in a lawsuit brought by Common Cause/PA do not seem farfetched.

Unfortunately, the allegations of legislative leaders and one or more members of the Supreme Court having a you-scratch-my-back-and-I'll-scratch-yours arrangement do not seem like much of a stretch, given the widely acknowledged fact that Chief Justice Ralph Cappy was not only a public supporter of the July 7 pay-raise package, but was actually instrumental in crafting the legislation pegging certain state salaries to their federal counterparts'. In the weeks and months following the pay-raise vote at 2 a.m. on July 7, it became widely known that Cappy had participated in closed-door meetings with legislative leaders to put together the pay-raise package.

To most observers, this fact was stunning — close cooperation between the judicial and legislative branches to produce a bill that raised the salaries of both branches, all without public input or participation.

Now, the federal lawsuit filed by Common Cause and other plaintiffs alleges a pattern of collusion between legislative leaders and members of the state's highest court.

Without last summer's pay-raise fiasco and the exposure of the constitution-defying unvouchered ex-penses, the formal suggestion of such misdeeds at the highest level of state government would be broadly rejected — but not now. The public has in recent months learned the disturbing details about how state officials have appeared to flout the state constitution in the formulation and passage of legislation.

Common Cause, a well-known nonpartisan public advocacy and good- government group, brings credibility to the legal complaint filed this week. The group's lawsuit contains affidavit material from two former lawmakers and one current lawmaker who are privy to the inner workings of the legislature.

The lawsuit's introduction begins with a quote from the wife of the chief of staff of Senate President Pro Tempore Robert Jubelirer referring to the process of formulating Act 44 (the pay-raise bill). Given how much is now known about that process, it is troubling to read: "I watched the formulation of all this up close with my 'special connection' to certain offices, and it was much more unsavory than a lot know."

Anyone reading that quote and knowing what is already known about the constitution-defying behavior of leading lawmakers has to wonder what could be even "more unsavory."

As many have suspected, the unethical and possibly illegal procedures followed by legislative leaders in sneaking the pay-raise package through the legislature in the dead of night was probably employed to pass other, similarly controversial measures. Think slots gambling legislation and the massive pension boost of a few years earlier.

Harrisburg is in desperate need of reform. The legislature, particularly the handful of powerful legislative leaders, have demonstrated a shocking arrogance and disregard for the interests of the average citizen of Pennsylvania. State government is failing the people, and this lawsuit represents a chance to bring about change. The federal courts are the appropriate venue, considering that the allegations target not only legislative leaders but also members of the state's highest court.

The citizens of Pennsylvania should watch with interest and disgust as this lawsuit moves forward — and it should more forward.

If citizens expect to repair their damaged state government, the suit must move forward to the discovery phase, so that testimony can be gathered under oath. By allowing the process to play itself out, more will be learned about how a few individuals in Harrisburg — or a slowly eroding sense of right and wrong — have corrupted democracy in Pennsylvania.

This lawsuit advancing to the discovery process will help clarify what needs to be done to bring about overdue change that ensures transparency and accountability — and elevates the ethical standards in the legislature and the judicial system.

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