WILKES-BARRE - Luzerne County filed federal court papers to remove the civil lawsuit over funding for the county public defender's office from county court to federal court.
The plaintiffs in the suit - former Luzerne County Chief Public Defender Al Flora Jr. and three criminal defendants seeking legal services from the county - filed the action in county court. The county filed for the removal of the suit to federal court Friday because the suit involves the Sixth Amendment right to legal counsel.
Mr. Flora sued the county and county Manager Robert Lawton in county court a year ago, claiming the public defender's office needed more county funding to meet its constitutional mandate to provide legal counsel to indigent defendants.
The American Civil Liberties Union of Pennsylvania represents Mr. Flora and three other plaintiffs in the litigation over funding.