Castor named state solicitor general by Kane

Embattled attorney general appoints former Montco D.A. to high-profile job

As the current Montgomery County district attorney prepares to prosecute her for alleged perjury, embattled Pennsylvania Attorney General Kathleen G. Kane has turned to a former county district attorney to fill a newly-created, high-profile executive post. Bruce L. Castor Jr., a 54-year-old Lower Salford Republican who served as district attorney in Montgomery County from 2000 to 2008 and then as a county commissioner from 2008 to 2016, was appointed state solicitor general by Democrat Kane, who made the surprising announcement on Tuesday. The appointment was effective March 21, according to a March 18 appointment letter Kane wrote to Castor, asking him to swear the oath and have it notarized and to sign a grand jury secrecy oath. State officials said Castor will be paid $150,000, adding it will be a prorated salary through the term of his appointment. “On behalf of the commonwealth and its residents, I want to thank you for your willingness to serve,” Kane wrote to Castor in the letter. The solicitor general’s appointment shall last until a successor attorney general is sworn into office or until the solicitor general is discharged or resigns, according to an order creating the post. Castor, a partner in the Rogers Castor law firm in Ardmore, could not be reached for comment on Tuesday. Because the appointment of solicitor general is temporary, Castor may maintain a private law practice so long as the practice does not conflict with his duties to the Office of Attorney General, according to regulations drafted for the office. During last fall’s election, Castor ran an unsuccessful campaign to return as district attorney and was defeated by Democrat Kevin R. Steele, who was installed as district attorney in January. Steele is the lead prosecutor in the case against Kane, 49, a first-term Democrat who faces trial Aug. 8 in Montgomery County for alleged perjury. Steele could not be reached for comment about Kane’s surprise announcement regarding Castor. Castor, a graduate of Washington and Lee University, waged an unsuccessful bid for state attorney general in 2004 and also acted as special prosecutor for the Office of Attorney General on several occasions while working as a county prosecutor. In a press release, Kane, whose law license was previously suspended by the state Supreme Court while she awaits trial, said the solicitor general position was added to strengthen and support the leadership of the executive office and to “further the initiatives of the attorney general on behalf of the people of Pennsylvania.” In an order creating the position, Kane, who has decided not to seek re-election and whose term ends Dec. 31, set forth the duties of the solicitor general. “Except for purposes of succession to the position of acting attorney general should the office of attorney general become vacant, the solicitor general shall operate as second in command to the attorney general reporting only to the attorney general and serving at her pleasure,” the order states. The solicitor general “shall hold and exercise executive supervisory authority over all aspects and operations of the Office of Attorney General” to carry out the mission of the office and the policies of the attorney general, according to the order. According to the list of duties, the solicitor general will have the authority to participate in and make final executive decisions on all law-related activities or law-related services under

appropriate state rules.

The solicitor general shall act as chief policy adviser to the attorney general and can also issue legal opinions “when custom and law require an opinion from the Office of Attorney General,” according to the order.

The first deputy attorney general shall remain first in line of succession should the Office of Attorney Gen- eral become vacant before the end of the current term.

“In all other respects, the first deputy attorney general shall be subordinate to the solicitor general and report directly to the solicitor general who shall be the most senior deputy attorney general in the commonwealth,” Kane wrote in the regulations that implemented the post.

Castor, as solicitor general, will have full authority under the Wiretap Act to approve applications for electronic surveillance as he deems warranted, according to the regulations.

“The solicitor general shall officially be based in Harrisburg, but may perform his duties from anywhere,” according to the regulations.

Under the regulations, Castor is to take no steps to become informed of the identities of any person who may have provided evidence regarding the pending criminal charges against Kane.

“No member of the Office of Attorney General shall speak to the solicitor gen- eral concerning any aspect of the investigation giving rise to charges against the attorney general,” the regulations state. “The solicitor general shall do everything within his power not to read or listen to any media accounts pertaining to the ongoing case in Montgomery County relative to the attorney general, and shall immediately report to the attorney general if he inadvertently learns any detail of that matter from any source.”

Kane faces charges of per- jury, obstructing administration of law, abuse of office and false swearing in connection with allegations she orchestrated the illegal disclosure of confidential investigative information and secret grand jury information to the media and then lied to a statewide grand jury to conceal and cover up her alleged conduct.

Kane has claimed she did nothing wrong and has implied the charges are part of an effort to force her out of office because she discovered pornographic emails being exchanged between state employees on state email addresses.

Kane explained that pursuant to the Commonwealth Attorneys’ Act of 1978, the attorney general has the authority to create positions in order to carry out the duties of the Office of Attorney General.

State officials said various attorneys general nationwide employ solicitor generals to serve as “a check and balance” and to assist in facilitating the mission of the Office of Attorney General.

Bruce L. Castor Jr.