The chairman and global managing partner for the law firm representing former Allegheny County Coroner Dr. Cyril Wecht objects to a requirement by the federal trial judge to promise that defense lawyers will protect the names of the jurors seated on the case.
Yesterday, Peter J. Kalis filed a motion asking for the matter protecting juror's names to be postponed in federal court. However, within a few hours, U.S. District Judge Arthur J. Schwab had denied the motion for a stay.
Last week, the judge issued a 64-page opinion in which he determined that lawyers trying Dr. Wecht's case will not be allowed to know the names of potential jurors in the case until the pool is winnowed down to 40. Further, even though they will have access to the names at that point, the attorneys will not be permitted to have a computer, cell phone or other device to run checks on those names.
As part of that order, Judge Schwab demanded that Mr. Kalis "file a short certification that the law firm has taken the action necessary" to ensure the defense complies with the judge's order of confidentiality.
In his ruling, Judge Schwab said that Dr. Wecht's attorneys initially promised to protect the names of the jurors, but then reversed themselves in a separate filing that same day.
"In light of this dramatic change of position, defendant and his counsel went from protector of this personal information of prospective jurors to potential funnel of said information to third parties," he wrote.
Mr. Kalis filed notice with the local court yesterday that he plans to appeal the issue with the 3rd U.S. Circuit Court of Appeals. At the same time, he asked Judge Schwab to stay the proceedings until then.
In his order denying the motion, the judge said he believed the certification was a necessary safeguard.
But Mr. Kalis argued that the judge's order was unprcedented and was improper in a number of ways, including that he is not one of Dr. Wecht's attorneys, nor does the court have jurisdiction over him.
Mr. Kalis also argued that he is too busy, managing 1,400 lawyers on three continents, as well as overseeing the merger of another firm in Texas, to spend his time on this matter.
He told the judge he would "suffer irreparable harm," if forced to do the certification.
The judge discounted those arguments, saying that a stay would "disrupt the orderly administration of justice."
Both Dr. Wecht's defense lawyers and attorneys for the media have said they plan to file an appeal with the 3rd Circuit on Judge Schwab's ruling on seating an unnamed jury.
In addition, Dr. Wecht plans to ask that the appeals court remove the judge based on recent rulings. Earlier this year, the defense lost a similar petition, in which they alleged the judge was biased.
