For “judicial economy” pending the resolution of an appeal by the governor, a federal judge has granted a motion to withhold attorney fees for a group of business owners and elected officials who challenged Gov. Tom Wolf's COVID-19 shutdown orders.

On Sept. 22, U.S. District Judge William Stickman IV declared the state's shutdown order — along with the now-suspended business closure and stay-at-home orders — unconstitutional.

Stickman determined that the orders by Wolf and state Secretary of Health Dr. Rachel Levine violated the due process and equal protection rights of Pennsylvanians and granted a declaratory judgment for four local Republican elected officials and several area businesses that were plaintiffs in the case.

Butler, Fayette, Greene and Washington counties were dismissed from the case, with the judge finding they don't have standing to sue.

But Stickman's finding that Wolf's orders were unconsitutional and, therefore, illegal was halted from being enforced until the U.S. Court of Appeals for the 3rd Circuit could hear an appeal filed by the governor and Levine. If the appeals court upholds Stickman's finding, the state's virus precautions would be largely discarded.

On Oct. 16, Stickman ordered that payments be halted to the plaintiffs' lawyers, including three Butler County attorneys with Dillon, McCandless, King, Coulter & Graham L.L.P., until the appeals court makes a decision.

The plaintiffs are asking Stickman to compel Wolf and Levine to pay their attorney fees of about $130,000 and costs representing work done between May and September, according to court documents. The group originally requested the legal fees Sept. 28, but after the decision was appealed lawyers on both sides filed the joint motion to withhold payment until the appeals court made a decision.