Legal News

Phila. Sheriff Agrees to Operational Reforms, But Independence Still an Open Question

By Brian Harris

By Amaris Elliott-Engel
Of the Legal Staff

Even as the First Judicial District, the Sheriff's Office and the city of Philadelphia signed memoranda of understanding today to reform the Sheriff's Office, a court takeover of some of the office's functions does not appear to be off the table yet.

In the MOUs signed by Mayor Michael Nutter, Philadelphia Common Pleas President Judge Pamela Pryor Dembe and Acting Sheriff Barbara Deeley, the FJD and the city will create an advisory board to suggest process changes, including technology, for the office, which runs sheriff's and tax sales, serves civil papers, transports prisoners to and from criminal court and provides courtroom security.

Additionally, the Sheriff's Office will employ "all financial and legal processes and rules of the city for the execution of sheriff's sales and other duties of the office."

The city also will supply an attorney to jointly report to City Solicitor Shelley Smith and the Sheriff's Office and an interim budget director who will jointly report to the city and to the Sheriff's Office.

The Legal has previously reported that the state Supreme Court is considering whether the FJD should take over the administration of sheriff's sales and tax sales because the Sheriff's Office has come under increasing fire since City Controller Alan Butkovitz released an audit last fall of the office for fiscal years 2007-09 finding the office was "highly at risk for fraud." Butkovitz's office is now undertaking a forensic audit of the office.

Dembe said in a press conference today that the decision was up to the state Supreme Court. 

"Sometimes I get my own parking spot, but I'm not the chief justice," Dembe said.

Nutter said, "We'll once again demonstrate on the ground [the ability] ... to address serious issues and challenges. I'm tremendously respective of the Pennsylvania Supreme Court, particularly [Pennsylvania] Chief Justice [Ronald D.] Castille, who had paid attention to the issue. Even from his perspective it was preferable that the people on the ground deal with them on a day to day basis, work them out and get them resolved."

Full post as published by The Legal Intelligencer Blog on March 14, 2011 (boomark / email).