From The Times Leader, April 29

PNA asks judge’s ruling over a sealed lawsuit to be overturned.

By DAVID WEISS

The Pennsylvania Newspaper Association has asked the state Superior Court to reverse a judge’s order that prevents the Times Leader from seeing a sealed lawsuit.

The newspaper is trying to view a suit filed by PAChild Care against two state Department of Public Welfare officials and Luzerne County Controller Steve Flood. The officials have been critical of the $58-million lease county commissioners signed with the company to house juvenile delinquents.

The suit focuses on records obtained by Flood and welfare officials in connection with their audits and investigation into the county’s 20-year lease with Pennsylvania Child Care, which is owned by Robert Powell and Gregory Zappala.

Some of the records show the welfare department had serious questions about the lease, with one official calling it a “bad deal.”

A request to seal the suit had been presented to Luzerne County Court of Common Pleas Judge Michael Conahan in December, and he issued the sealing order.

Conahan later denied the newspaper’s request to unseal the suit.

The Times Leader appealed Conahan’s ruling to the Superior Court, claiming the lawsuit should be open to the public because the county’s lease with the center has been highly publicized, was criticized by the state, and involves tax money.

The newspaper said it has an interest in the suit to disseminate “news surrounding this ongoing public controversy.”

On April 27, an attorney for the Pennsylvania Newspaper Association filed court papers urging the Superior Court to overturn Conahan’s sealing order, allowing the suit to be unsealed.

The PNA said the order must be overturned because no hearing was conducted before Conahan sealed the suit, as required by law.

Conahan’s order denying the Times Leader’s request to intervene in the case also is llegal because he did not afford the newspaper a hearing on its request, according to the PNA.

The Superior Court will rule on the newspaper’s appeal.