Days before firing, officials listed concerns with department
NORRISTOWN » Several days before they fired the two top leaders of the Montgomery County Public Defender’s Office, county officials expressed concerns and disappointment about the manner in which the leaders handled some matters, a letter penned by the county’s chief operating officer revealed.
“There is no question that your intentions in regards to providing quality representation to clients are genuine. Moreover, the administration has been supportive of many of the positions you have taken with respect to overall justice reform,” Lee A. Soltysiak, county chief operating officer, wrote in a letter dated Feb. 20 to then Chief Public Defender Dean
Beer. “However, in my role as COO, I have been very disappointed in the manner in which you have sought to advance those positions on a number of occasions.”
In the three-page internal letter, which was obtained by MediaNews Group, Soltysiak indicated he was responding to a Feb. 13 letter from Beer “requesting clarification” of Beer’s role as chief public defender.
“The fact that you have been in your position for almost four years, have demonstrated numerous instances of questionable judgment, and just now seek a review of your position demonstrates the concerns that I have in your work for Montgomery County,” Soltysiak addressed Beer in the letter.
On Feb. 25, Beer and then Deputy Chief Public Defender Keisha Hudson were let go from their posts during a shakeup that sent shockwaves throughout the courthouse. They were replaced by longtime public defenders Carol Sweeney and Gregory Nester, who will serve as co-chief deputy public defenders going forward.
The chief public defender and assistants are appointed by the county commissioners, who previously said they would not comment further about the dismissals, citing they were personnel matters.
But advocates, including the ACLU of Pennsylvania, questioned the timing of the firings pointing out they came after Beer and Hudson filed an amicus brief on behalf of the ACLU in a case before the Pennsylvania Supreme Court regarding the fairness of cash bail. ACLU officials called the terminations “disappointing and shocking” and asked that Beer and Hudson be reinstated.
“I hope that the board takes action and is accountable for their decision, that there’s a push to reinstate Dean and Keisha,” said Premal Dharia, director of the Defender Impact Initiative, a nonprofit organization that develops strategies to ensure that the power of public defenders and the people they represent is maximized in the broader movement for change.
While the commissioners have not publicly commented on their reasons for the firings, Soltysiak did address the amicus brief in the Feb. 20 internal letter to Beer.
“You know that the administration is in favor of the reform sought in the case and in fact, you are aware that changes to the pre-trial process in Montgomery County have been budgeted for and are being pursued,” Soltysiak wrote. “In an effort to advance this issue statewide, you put at risk the collaborative efforts of your office, the courts, the district attorney and county administration to bring about a positive change in bail practices for your clients in Montgomery County.”
Soltysiak, in the letter to Beer, claimed the amicus brief was filed before he and the county solicitor “had an opportunity to review and provide comments.”
“The fact that you forwarded the brief prior to filing, and then subsequently filed without waiting for feedback indicates to me that you were well aware, not only that comments would be forthcoming, but that there was a strong chance those comments would include a request to amend or refrain from filing the brief at all,” Soltysiak wrote to Beer in the letter.
Soltysiak, in the letter to Beer, said President Judge Thomas M. DelRicci “has not influenced my evaluation of your performance.” Soltysiak acknowledged the chief public defender does not report to the court or require the approval of the court, however, he wrote “the ability to work collaboratively wherever possible with other groups on clearly common goals would undoubtedly be more effective.”
Another concern cited by Soltysiak in the letter was an alleged “improper use of county legal interns” from the public defender’s office “for a project that was outside the scope” of the job of public defender. Specifically, Soltysiak alleged summer interns were directed to use county resources to research social media posts of police officers in several different municipalities for the purpose of providing information to a Philadelphia digital news organization.