After concerns about legal expenses, Somerset County treasurer's attorney refunds fees

Apr. 8—SOMERSET, Pa. — The Somerset County treasurer's solicitor is refunding $11,173 in legal costs from the past year — much of that sum stemming from a legal battle with the county about investments — as invoices were released detailing the expenses.

Referencing growing community concern about the topic, attorney David T. Leake said he has decided to represent Treasurer Anthony DeLuca's office "pro bono" — free of charge — moving forward.

"I do not want attorney's fees muddying the water when there is litigation (ongoing) between your office and the Commissioners' Office," the Somerset attorney wrote in a letter to DeLuca. "With this payment, my office has charged $0.00 for representation of your office as solicitor for all legal matters we have served your office, including the litigation regarding the investment of funds. No further charges will be incurred."

A $11,173.75 check was included with the letter, DeLuca confirmed.

The letter was filed as questions about county spending on litigation have become a topic during commissioners' meetings — and after a Somerset County resident obtained invoices detailing itemized invoices to the Treasurer's Office earlier this week.

The commissioners and the treasurer's office have been at odds on county investment procedures since late summer, with DeLuca declining to transfer millions of dollars in funds to accounts the commissioners chose to capitalize on growing interest rates. Last month, a panel of three Somerset County judges agreed that the commissioners — not the treasurer — are the "sole managers" of Somerset County's fiscal affairs.

DeLuca has since agreed to transfer the funds, but has also appealed the case to the Commonwealth Court.

"Now, we won't be using any tax dollars (to appeal that case) or anything else," DeLuca said in an interview Thursday. "This is a very professional gesture by Attorney Leake. (He) lives in this county, pays taxes to this county and gives back to this county."

Somerset County resident Justyn Patton, who has raised concern about the legal costs, requested and obtained copies of the invoices on Monday — two days before Leake's letter was sent to DeLuca. The documents are public records.

The records, obtained by The Tribune-Democrat, detailed the attorney's work for DeLuca — drafting letters related to hotel tax collections, overseeing the suit against the county and responding to calls and emails. One item included a $1,750 invoice for legal research and responses to county legal action in October, while other bills were sent for phone calls to media.

"(DeLuca) says he's saving the county money. It's just not true," Patton said. "The money is being refunded because they got caught with their hand in the cookie jar."

DeLuca has maintained he's fighting the county because they could lock the funds into strong interest rates through First National Bank, a Pittsburgh institution that has a local branch in Somerset, instead of the Harrisburg-based Pennsylvania Local Government Investment Trust (PLGIT).

He's also contended that the commissioners' office is minimizing his authority on the salary board, something the county judges disagreed with in their 22-page decision.

DeLuca has also been critical of the county commissioners' legal expenses, which are now at a "not to exceed $125,000" retainer that includes all day-to-day research and costs for the county, contract bargaining and court litigation.

The county is currently dealing with suits from DeLuca; a suit for back pay from suspended District Attorney Jeffrey Thomas, who was convicted on indecent assault charges last month; and a former county maintenance employee who alleges his constitutional rights were violated when he was fired in 2019.

The county budgeted a similar amount in 2022 through both a local solicitor and labor attorneys Gabriel Fera PC.

Last week, the commissioners voted to make Pittsburgh-based Gabriel Fera their full-time legal team after former Solicitor Michael Barbera resigned.

At the time, Barbera said he made the decision because representing the county has become an increasingly complex and demanding task that is better suited for attorneys such as those at Gabriel Fera who work full-time focusing on county law.

"People are complaining about legal costs — what about theirs?" DeLuca said.

Leake wrote that his decision to work pro bono is already an important part of his practice and that it's in line with free-of-charge legal support he provides to several nonprofits who provide services to residents.

"With the attention this is getting ... I'm trying to make this easy on everybody," Leake told The Tribune-Democrat on Friday. "With the litigation with the commissioners right now, it's sort of a weird dynamic in that these invoices are being forwarded to, and approved by, the party we are taking legal action against."

"I'm not looking for publicity for it," Leake said. "It's not typical to have litigation between the commissioners and the treasurer, and this seemed like the best (resolution)."