The significant debt that U.S. Rep. Bob Brady incurred while running for mayor two years ago was the subject of a Commonwealth Court hearing today. But Brady was neither in the court room, nor represented there.
Brady's campaign, you see, owes $448,468 in legal fees to Cozen O'Connor, which til this day hasn't been paid a dime. The law firm helped Brady stay on the primary ballot despite rival Tom Knox's effort to knock him off for failing to disclose certain information about his finances.
Cozen O'Connor still wants its money - but it isn't suing Brady to get it.
Instead, the firm filed suit against the Philadelphia Board of Ethics, which had earlier advised Brady's campaign that it cannot retire the debt by raising money in excess of the campaign contribution limits that were in place during the mayoral race. Those limits were $5,000 for individuals and $20,000 for political committees - and they must still be adhered to, the Ethics Board said in an advisory opinion.
Cozen O'Connor subsequently challenged the Ethics Board's decision to maintain those limits even now, nearly two years after the primary race. In June, Common Pleas Court Judge Gary DiVito, dismissed the suit, saying Cozen O'Connor had no direct interest in the issue; it lacked standing.
Today, a Commonwealth Court heard the firm's appeal, with the argument led by Cozen O'Connor's chairman, Steve Cozen. Joining him in the courtroom was James Gardner Colins - a member of the firm since last June and previously a 23-year member of the Commonwealth Court. Colins said it was his third appearance before his former colleagues.
A decision in the matter is likely months away.
"We'll keep seeing you until we win," Cozen afterward told Ethics Board chairman Richard Glazer, one of first attorneys, incidentally, recruited by Cozen to join his firm. "You know that."
Among Cozen's arguments, he says that with the mayor's race long over, Brady's campaign should be able to raise funds in excess of the limits since the definition of a "contribution" is money that goes to promote someone's candidacy; with Mayor Nutter in office, there's no longer a candidacy to promote. "Once the election is over, it's over," Cozen said.
One other thing: No matter what, Cozen has no intention of suing Brady to get his money.
"Why would I do that? Bob is a friend of mine," he said, noting that he is a member of the congressman's finance committee. He also said Brady is in a position to help Philadelphia given his high-profile post as chairman of the House Administration Committee.
"So if Bob is allowed to raise the money and can, that's fine," Cozen said. "And if he can't, I'll forgive the debt."
However, he added, he is also concerned that if he forgives the debt he violates the contribution limits since $448,468 would certainly exceed the $20,000 cap. "That," Cozen said, "is the dilemna."
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Cozen doesn't have standing to challenge the ethics rules. Just because they assumed that the rules would change and they could get their money doesn't mean that they were right. In fact they were wrong. The rules on ethics are here to stay, and they'll have to sue Brady to get paid like everyone else.— CleanupPhilly- Why can't Brady simply pay? Is there some rule that the bill to Cozen can only be paid with OPM? The appeals court knows it has to put a kibosh on this assumption that the political rules in Philly are always going to be outside ethical rules and you just have to change the rules to suit you. Does Cozen want its money, or does it just want to overturn infant ethical rules in Philly?— CleanupPhilly
- Cozen wanted to rig the race with a hopped up horse, but it got scratched. Welcome to cleaner elections. Now just pass ethics and campaign finance reform in PA with teeth. You can call it the Fumo-Brady-Cozen Clarification Act.— CleanupPhilly
- Cozen and Brady are in the right! These ethics laws are totally screwed up. They help some candidates, and punish others. Totally unfair. The court will get it right.— jnixon05
- At 20K a year in contributions, Cozen will be able pay his own bill in about 23 years. Sounds a lot fairer than using former judges to stomp on the will of the Philadelphia voters when they ratified the ethics law with their votes.— seand
- Was this deal made in China? What a farce. Give me my money or I will have to forgive your debt, if I can. That's Chineese to me.— FJG JR
- This sounds like a typical play out of the Cozen O'Connor playbook. They did the same move with SugarHouse Casino, when Decker working for Cozen and representing Sugarhouse, left to work for Fast Eddie on the Gambling Board, then rubberstamped everything Sugarhouse! Criminals by law!— Anthony Palmer
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