PENNSYLVANIA GAMING CONTROL BOARD Challenge to appointee remains up in the air

The lawsuit wasn't politically motivated, a deputy attorney general said.
HARRISBURG (AP) -- A hearing on a legal challenge to the appointment of a state legislator to the Pennsylvania Gaming Control Board ended inconclusively Wednesday, but a lawyer for the appointee said the judge's questions made him optimistic about the eventual result.
Attorney General Jerry Pappert is suing in Commonwealth Court to block the appointment of state Rep. Jeffrey W. Coy, D-Franklin, by House Minority Leader H. William DeWeese, D-Greene.
Coy resigned his legislative seat Sept. 2, nearly three months before his 11th term was scheduled to expire. DeWeese named him to the post the next day.
The contention
Pappert's lawsuit alleges the appointment violated a state constitutional provision that restricts lawmakers from taking certain appointed offices.
The state police are conducting an investigation of Coy's background, a report that must be completed before his appointment can take effect. The seven-member board will regulate the implementation and operation of slot-machine gambling at as many as 14 locations across the state.
Coy's attorney, Bruce D. Foreman, asked Senior Judge James J. Flaherty to throw out the case on grounds that Coy's appointment was still pending. Coy has not been sworn in and is not receiving the $145,000 salary.
Seeking basis
Flaherty questioned Deputy Attorney General Gregory R. Neuhauser repeatedly about the basis for the lawsuit.
"There isn't even a board meeting. Where is the harm being done there? Where is the irreparable harm?" Flaherty asked Neuhauser.
An appointment that violates the state constitution amounts to public harm, Neuhauser said. He argued such practices should not be "brushed under the carpet."
"The constitution says what it says, and the people meant exactly what it says," he said.
DeWeese's lawyers argued that the state constitution prohibits lawmakers from taking appointive office during the "time" of their elective office, which they said ended when Coy resigned. His time in office is distinct from the length of his term, they said.
Neuhauser said Coy's time in office does not end until his elected term ends on Nov. 30. He said it is uncertain what Pappert might do if DeWeese were to withdraw Coy's name until Dec. 1, and resubmit it.
Neuhauser denied any political motivation on the part of the Republican attorney general.
Gov. comments
At a Capitol news conference, Gov. Ed Rendell said he has not chosen a new nominee to chair the gambling board but hoped to have one in place by early November. His previous nominee, Frank Friel, withdrew last week, citing unfavorable news coverage of his past.
Rendell said the Coy lawsuit was unsurprising given that gambling had strong political opposition.
"Lawsuits are going to be a way of life," Rendell said.
Flaherty did not say when he will rule in the Coy case.