July 2010

Giving Back by Frank P. Cervone and Carol E. Tracy

As more information is made public about the dealings leading to the construction of a new Family Court in Center City, the need for the courthouse has been overshadowed.  It is apparent that short cuts have been taken, and that conflicts of interest exist.  The project now teeters on the edge of failure because of apparent self-dealing by the court’s lawyer and ultra-high costs associated with real estate development.  That court administration should have been more responsible, and either more or less involved, are interesting critiques that seem off the mark.  The community has a need.  The solution:  give back the money!    

Spending on the project has been reported in the range of $11 Million.  There is a clear and legitimate money trail for almost $6 Million, for more than a year of design services performed by the reputable Ewing Cole architects.  Though large to a lay person, the design costs are appropriate for a job this size, and those site-specific drawings must be used. 

What’s missing?  Legal fees paid to the lawyers and to law firms.  Developer fees that seem too much like profit or reimbursement for age-old site costs.  Probably some other large sums not yet publicly revealed.  Shouldn’t the parties to these “deals,” now about to square off in Bankruptcy Court or perhaps contractual litigation, instead recognize a deal gone bad … and get out of the way?

This fight about money stands in the way of an important project.  As public interest lawyers with the interests of families who depend upon Family Court to address their needs for safety, child custody, and support, we are more concerned about the administration of justice within the courthouse than the architectural symbol or chicanery now revealed.  Accessibility, convenience, and safety are the cornerstones for an appropriate location for a family courthouse, which 15th and Arch provides.  The design is adequate and in some respects excellent.  The crowds, buildings, and overall activity of Center City provide a safety shield for battered women who are traveling to the same place for the same hearing as the person against whom they are seeking protection.  Locating the court next to the Department of Human Services and the City’s Law Department will enhance efficiency and case management issues in judicial proceedings.  Other government and social services that families need are nearby. 

Family Court is truly the “people’s court” where profound and life-altering decisions are made about the future of families.  The current facilities, particularly the one at 34 S. 11th —once a department store, then an office building, now overcrowded, unsafe, and a labyrinth of offices and courtrooms—have always been inadequate for judicial proceedings.  The dilapidated condition of the buildings makes this true now more than ever.  

We have before us an opportunity to change for the better the lives of Philadelphians who enter Family Court each day, as well as the experiences of those who work there.  The clock is ticking on the availability of funding.  Let the investigations continue and the construction begin.