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Court: Prisons can refuse to pay legal fees
By Pittsburgh Post-Gazette
Published: 09/11/2007

PENNSYLVANIA - A Pennsylvania appeals court ruled yesterday that the state government can refuse to provide defense lawyers and decline to pay the cost of financial judgments against prison guards who engage in criminal or malicious conduct.

The 4-3 ruling overturned an arbitration panel's 2006 award to the Pennsylvania State Corrections Officers Association and restored the discretion of the state Corrections and Public Welfare departments over when to represent workers accused of wrongdoing.

The Commonwealth Court majority opinion by Judge Mary Hannah Leavitt said the arbitrators put the state in a position where it had to defend employees for anything they did at the workplace, including murder. Read more.

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