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Pennsylvania Gaming Board Hearing Begins

HARRISBURG, Pennsylvania – As reported by the Philadelphia Inquirer: "In what could likely be a precedent-setting case, a Commonwealth Court judge heard arguments yesterday over the constitutionality of appointing a former state lawmaker - whose term had not yet expired - to the newly-formed gambling board.

"The petition, filed by Attorney General Jerry Pappert, sought to disqualify Democratic appointee Jeffrey Coy, who resigned his House seat on Sept. 2, one day before being appointed to the seven-member board. Pappert said the constitution prevents lawmakers from being named to boards before their term expires.

"The court challenge is the latest threat to the projected October start date for the seven-member Gaming Control Board. Last week, the person named as its chairman, Francis P. Friel, resigned amid a dispute over alleged misdeeds in his past.

"…Gregory Neuhauser, senior deputy attorney general, argued yesterday that the constitution prohibits lawmakers from being appointed to state boards before their terms expire, in order to maintain the separation of the executive and legislative branches.

"…Rendell, speaking at a news conference later, said that although he has not selected Friel's replacement, he hoped the board could be functioning by the first week in November…"

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