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Court to weigh secrecy of lawyers

HARRISBURG — The state Supreme Court on Monday announced it would hear arguments in March about a dispute between the attorney general’s office and the turnpike commission over disclosure of records in a public corruption investigation that has lasted more than three years.

The commission wants the high court to overturn a decision by a grand jury supervisory judge that sided with prosecutors who want access to communications between the agency’s lawyers and the commissioners or employees. The commission argues those exchanges are protected by lawyer-client privilege, while the attorney general’s office says their disclosure is needed.

In an April ruling, Judge Barry Feudale described the grand jury investigation as involving potential crimes related to “employment practices, procurement practices and the use of commission resources to conduct political activities.”

Government lawyers, Feudale wrote, “owe their ultimate allegiance” to the people of Pennsylvania, and otherwise the agencies would be without oversight, the attorney general’s office would be frustrated in investigating wrongdoing by public officials, public confidence in government would be eroded, and people would have to pay taxes without accountability about how they are spent.

The turnpike commission’s lawyers said Feudale’s decision, if allowed to stand, would give state prosecutors “unfettered access” to every agency record, including “all e-mails existing on an agency server.”

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