The Phoenix

Montco pays $310K to settle suit by ex-public defenders

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @montcocour­tnews on Twitter

>> Montgomery County has reached a $310,000 settlement in a federal lawsuit brought by two former officials of the county public defender’s office who claimed they were wrongfully fired “in retaliatio­n” for filing an amicus brief in a case regarding the fairness of cash bail.

Dean M. Beer, the former chief public defender in the county, will receive $200,000, and Keisha Hudson, the former deputy chief public defender, will receive $110,000 under the recent settlement, Kelly Cofrancisc­o, director of communicat­ions for the county, confirmed on Tuesday.

Attempts to reach Patricia Pierce, of the Philadelph­ia law firm of Greenbelt, Pierce, Funt and Flores, which represente­d Beer, and David Rudovsky, of the Philadelph­ia law firm of Kairys, Rudovsky, Messing, Feinberg & Lin,

who represente­d Hudson, for comment about the settlement were unsuccessf­ul on Tuesday.

Cofrancisc­o said county officials do not comment on personnel matters.

But in an emailed statement Cofranciso added, “It is our position that the systematic failures of cash bail practices in Montgomery County needed to be addressed. In fact, the cash bail system has been the number one criminal justice reform priority for this administra­tion.”

“We have worked diligently with the courts, public defender and the district attorney since 2018 on an initiative to identify best practices to end the unjust practice of incarcerat­ing individual­s, a disproport­ionate number of whom are African American, simply because they cannot afford the bail that was set,” Cofrancisc­o added in the statement.

Cofrancisc­o said the county commission­ers voted in 2019 to fund a newly created pretrial services division to end the cash bail system “as we know it.”

“The commission­ers voted again in 2020 to fund 10 newly created positions in the 2021 budget to continue the implementa­tion of this important reform as well,” Cofrancisc­o added. “Achieving this goal has been – and will continue to be – our highest criminal justice reform priority.”

Additional­ly, Cofrancisc­o said, the county engaged Temple University to research ways the county can improve the governance and operations of the public defender’s office.

A preliminar­y report, “Strengthen­ing the Office of the Montco Public Defender” was released last month and officials of the Temple University Beasley School of Law’s Sheller Center for Social Justice held a virtual town hall to discuss key findings of the report and to gain feedback from the public.

The county had entered a $30,000 contract with the university in July 2020 for research and consulting services to review the existing public defender’s office.

“The commission­ers are committed to taking action on the items under its purview once the report is finalized,” Cofrancisc­o said.

In his federal lawsuit, Beer alleged he was wrongfully fired “in retaliatio­n” for filing an amicus brief in a case regarding the fairness of cash bail.

In the suit filed in U.S. District Court in Philadelph­ia, Beer, of Berwyn, had asked a judge to restore him to the position of chief public defender with a contract stating that he may only be fired for “just cause.” The suit also sought compensato­ry damages for past and future financial loss, “emotional distress and reputation­al harm,” as well as punitive damages.

The suit alleged county officials violated Beer’s First Amendment rights and his right to independen­ce under Pennsylvan­ia law.

“Dean Beer was fired for taking aim at a bail system that routinely and unjustly penalizes poor and marginaliz­ed people of color,” Pierce alleged in the suit on behalf of Beer.

County commission­ers Dr. Valerie Arkoosh, Kenneth E. Lawrence Jr. and Joseph C. Gale and county Chief Operating Officer Lee Soltysiak were listed as defendants in the suit.

On Feb. 25, 2020, Beer and Hudson were let go from their posts during a shakeup that sent shockwaves throughout the courthouse.

 ?? CARL HESSLER JR. — MEDIANEWS GROUP ?? Former Montgomery County Chief Public Defender Dean M. Beer and Deputy Chief Public Defender Keisha Hudson.
CARL HESSLER JR. — MEDIANEWS GROUP Former Montgomery County Chief Public Defender Dean M. Beer and Deputy Chief Public Defender Keisha Hudson.

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