October 2016

Municipalities have been looking for new ways to “monetize” publicly owned assets to help fund pension obligations and relieve budgetary pressures. Especially attractive is the transfer of a municipal water or wastewater system to a private operator.

Such a transfer may be accomplished by entering into a long-term lease with a private operator, under what

The Pennsylvania Supreme Court recently announced its decision in the case of Kuren, et al. v. Luzerne County, et al., 57 MAP 2015 and 58 MAP 2015, finding that indigent defendants can be “constructively” denied counsel where underfunding of the Public Defender’s Office creates “widespread, systematic deficiencies” that “deprive indigent defendants of the traditional