The Scranton Single Tax Office still commingles funds and still does not have a new solicitor, and it's unclear when one may be named - and whether it would be the city's solicitor or a separate one, according to a court hearing Friday.
That's because separate questions of whether Scranton Tax Collector Bill Courtright should continue commingling funds and hire a tax office solicitor - both of which are contrary to law but have been longstanding practices of tax collectors over many years - remain unanswered.
The questions were raised Friday during a hearing in Lackawanna County Court on a citizen's lawsuit against Mr. Courtright, the city, Lackawanna County and the Scranton School District - the three bodies for which the Single Tax Office collects taxes.
The lawsuit by city resident Joseph Pilchesky seeks to force Mr. Courtright to comply with law, stop commingling and use a city solicitor instead of hiring his own solicitor.
Judge Robert Mazzoni did not immediately render a decision, and another hearing was set for June 18. Before then, the defendants will research the two matters to determine how and why both practices were established.
The solicitor vacancy arose after the death last month of former tax office solicitor Mark Walsh.
During Friday's hearing, attorney Ned Abrahamsen said he was representing Mr. Courtright "on a very limited basis," in the capacity of finalizing Mr. Walsh's law practice.
Mr. Abrahamsen said the tax office having its own solicitor dates to 1989. He said Mr. Courtright proposed Friday that the city, county and school district each provide a solicitor to jointly defend Mr. Courtright in the lawsuit.
"Right now, he has no solicitor," Mr. Abrahamsen said of Mr. Courtright, who attended the hearing but did not speak. No testimony was taken.
On the issue of commingling funds, Mr. Courtright previously said he has continued that practice because separating funds would require more manpower and incur costs, and the issue is not as simple as it sounds.
Judge Mazzoni asked if the tax office ever had separate accounts. Mr. Abrahamsen said, "I understand this has been the way this tax office has operated forever, possibly from the beginning" of the office in the 1920s.
"This is a case of great public importance, and my client (Mr. Courtright) should be given time to properly attend to it," he said.
School board solicitor John Minora and assistant city solicitor Matthew Butler also attended the hearing. A solicitor representing the county was not present.
Contact the writer: jlockwood@timesshamrock.com