Are the bad guys patting themselves on the back?

Central Penn Business Journal
November 11, 2005
Volume 21; Issue 47
MOVERS & SHAKERS: Coalition keeps law school in Carlisle
Doody, Angela
When Cumberland County officials heard Penn State University might close its Dickinson School of Law campus in Carlisle, a lot of behindthe-scenes shuffling took place to make sure that didn't happen.

"It was a lot of people who knew people getting in touch with people who knew people," said Carlisle Mayor Kirk Wilson.

Much local pressure was applied to university officials to keep the campus firmly planted in the borough. Many of those involved who wish to remain anonymous - made numerous phone calls to anyone in authority who they thought could help the cause, said Wilson, who was an outspoken champion in the battle.

Dickinson School of Law, which was established in 1834, is the state's oldest law school. The school merged with Penn State University in 2000.

In 2003, law school officials first considered moving the school - or a portion of it - to Penn State's main campus to give students more academic oppor tunities. It also was hoped that by moving to a major research university, the school's national ranking would improve. it also would have allowed the school to attract renowned faculty and allow existing faculty to work with other professionals in other disciplines.

"Basically our distance kept us separate from University Park," said Kelly Jones, the school's director of marketing and communications.

But Carlisle officials didn't buy into the proposal.

"We basically showed them we were not going to roll over and play dead. The school was founded in Carlisle, and we showed we were going to fight tooth and nail to keep it there," Wilson said. He noted that some studies have shown the historic law school brings in as much as $100 million a year to the local economy.

Carlisle Area Chamber of Commerce, the county's Redevelopment Authority and state officials such as former state Sen. Hal Mowery (RCumberland County) worked together to make sure the law school stayed firmly rooted in the borough, Wilson said. Gov. Ed Rendell's interest and commitment of state funds were also pivotal, he noted.

The 18-month struggle ended in May when the Penn State board of trustees agreed to keep the law school in Carlisle for at least 20 more years. In exchange, Rendells office promised the university $25 million in state funding toward an upgrade of the Carlisle campus and a new law school at the University Park campus.

Penn State's two-facility proposal calls for $60 million to be spent on a new law school building at University Park and $40 million to be spent on the Carlisle campus. The law school is in the midst of a $10 million capital campaign for renovations at the existing school.

If fund-raising efforts go as planned, construction is scheduled to begin in Carlisle next summer and be completed before the 2008-09 school year, said Phil McConnaughay, dean of Penn State Dickinson School of Law.

Should the university back out of its commitment, the Dickinson Law School Association has the ability to take over the building for free and take back the name of the school. The university would also have to pay back the $25 million in state funding.

In addition to university administrators and board of trustees, Penn State President Graham B. Spanier credited the decision to upgrade the Carlisle campus to the law school's board of trustees and the Carlisle community in general.

"If I had to cite two people to feature, it would be (H. Laddie Montague Jr.), former chair of the Board of Governors of the Dickinson School of Law and our dean, Phil McConnaughay," Spanier wrote in an e-mail response.

Locally, Carlisle attorney Hubert X. Gilroy is a Dickinson School of Law alumnus and a member of its now defunct board of governors. He also gives the board of governors much of the credit in the decision.

Gilroy said the board of governors demanded that there would be no consideration of a school at State College unless the current facilities were upgraded.

"Kirk Wilson gets a Pat on the back, too. He was one of the first government representatives to make sure the governor had this on his radar screen," Gilroy said.

While much was at stake in the decision, some local officials said they understood the university's interest in moving the school. Even now, there are still some in the community who are not happy with the existing compromise, said Michelle Hornick Crowley, president of Carlisle Area Chamber of Commerce its like a bad divorce: There are two sides to every story," Hornick Crowley said.

Wilson said the university's 20-year commitment is a key point to the law school's continued presence in Carlisle. In two decades, leadership will have changed, and the local school will have had more time to become a more critical part of the main campus' law program.

"We thought it belonged here because it was born here, and it should stay here because it can grow here," Wilson said.

The Demise of DSL to Begin in Fall 2006

Centre Daily Times (State College, PA) November 12, 2005
Law school to go on campus in 2006
From CDT staff reports
UNIVERSITY PARK -- Penn State will admit first-year Dickinson School of Law students to its University Park campus starting in fall 2006.

The university and the law school's former board of governors reached an agreement earlier this year allowing for the establishment of a University Park campus. The law school is based in Carlisle, and the plan for two locations faced strong opposition from the community there and some members of the school's board of governors.

The law school and university have been affiliated since 1997.

The university plans to build a University Park facility for the law school on Park Avenue and upgrade the Carlisle campus for a total cost of $100 million. Both parts of the project are expected to be finished in 2008.

Until them, University Park law classes will take place in Beam Building on Park Avenue, according to a university news release.

When students apply to the law school, they can specify whether they prefer the University Park campus or the Carlisle campus.

New law school to be built on Park Avenue

Centre Daily Times (State College, PA) September 9, 2005

New law school to be built on Park Avenue

UNIVERSITY PARK -- Penn State will build the Dickinson School of Law's University Park location on Park Avenue next to the arboretum site. The university board of trustees approved the appointment of architects for the project during today's meeting. Polshek Partnership of New York, and Office for Planning and Architecture of Harrisburg will design the new University Park facility and the renovation and expansion plans for the Carlisle facility.

UNIVERSITY PARK -- Penn State will build the Dickinson School of Law's University Park location on Park Avenue next to the arboretum site.

The university board of trustees approved the appointment of architects for the project during today's meeting. Polshek Partnership of New York, and Office for Planning and Architecture of Harrisburg will design the new University Park facility and the renovation and expansion plans for the Carlisle facility.

University officials have said the University Park facility could cost $60 million. The university had also looked at putting the building at the corner of Park Avenue and University Drive and at Research Park.

Penn State spokesman Bill Mahon said while all three sites had advantages, the chosen location will put the school near the Smeal College of Business' new building and other university facilities. He said it will be easy to get to and look out over the arboretum.

Plans for the University Park law school campus follow an ongoing dispute between Penn State and some members of the law school's former board of governors. Some members of the board and the Carlisle community did not want to see a University Park campus. Under the agreement between the university and the board of governors, that board was dissolved and a new seven-member one will be appointed.

Board approves architect for law school expansion, renovation

Board approves architect for law school expansion, renovation
Friday, September 9, 2005

---

University Park, Pa. -- Moving forward on Penn State's plans for a two-campus Dickinson School of Law, the University's Board of Trustees today (Sept. 9) approved the appointment of Polshek Partnership of New York and Office for Planning and Architecture of Harrisburg, Pa., to design plans for the renovation and expansion of the current facilities at the law school's Carlisle campus and the construction of new facilities at University Park.

Gary C. Schultz, senior vice president for finance and business/treasurer of the university, explained plans for the expanded facilities at both campuses will include courtrooms, legislative hearing rooms, auditoriums, libraries, state-of-the-art classrooms, common spaces and exterior gathering spaces.

The original portion of Trickett Hall at the Carlisle campus will be renovated, along with the construction of a new building. The planned new facility at University Park will be located north of Park Avenue, adjacent to the Arboretum and in close proximity to the new Smeal College of Business Administration Building and Forest Resources Building.

Trustees to focus on state funding

Trustees to focus on state funding

The board members will also discuss plans for the Dickinson School of Law.

By Jonathan J. Hukill

Collegian Staff Writer

The Penn State Board of Trustees will meet today to consider how much funding the university will request from the state Legislature and to make further plans for the Dickinson School of Law.

Board members will meet at 8:30 a.m. in the Nittany Lion Inn, 200 W. Park Ave., for an all-day meeting to discuss current issues affecting the university.

Penn State spokesman Tysen Kendig said the major issue on the agenda will be the approval of the university's 2006-07 state appropriation request.

"It could very well be a request to have the state return to the 2001-02 funding level, which was higher," he said. "It has a big bearing on what we're able to do with tuition rates."

Kendig said the university needs to ask for more funding because of previous cuts by the state. The university made the same request to the Legislature last year but was denied the funding. Last year's state appropriations totaled $323.6 million, though the university requested $334.8 million.

"We're still catching up to almost $44 million in budget cuts from the early part of this decade," Kendig said.

Undegraduate Student Government (USG) Vice President Luke Adams, who will be representing USG at the meeting, said he wants to talk about tuition.

"I don't get very long to talk, but tuition will be a big issue," he said.

Adams said he expects state appropriations to decrease this year, which will hurt students.

"You're just going to see more of what you see every year, like higher student activity fees, higher gym fees and increasing tuition," he said. "Whatever they can hike up, they hike up."

USG faces problems with trying to lower tuition every year, he said.

"Getting our voice heard isn't the problem," he said. "Getting the legislators to care enough to take us seriously is the trouble."

He added that the university would also be considering the appointment of an architect for Dickinson School of Law buildings as well as the possibility of building new graduate housing on campus. The trustees will debate the proposals for the capital budget request, which funds construction projects on Penn State campuses.

"We're moving ahead with our plans for the dual-campus structure," Kendig said. "These are the early steps in making that a reality."

Raising money for the Carlisle campus

From the Digital Collegian (Penn State U student newspaper).
Thanks to Mark Hammond for passing this along

Dickinson dual-campus plan stays

By Rebecca Short

Collegian Staff Writer

The university has started a $10 million fundraising campaign to help renovate the Dickinson School of Law's Carlisle campus, a month after a Cumberland County judge ruled that the development of a dual-campus law school plan could continue.

The $10 million will be added to the $25 million given to Dickinson by the state in early May and $10 million already promised by the university to aid in renovating the Carlisle campus.

Penn State spokesman Bill Mahon said Carlisle's renovations and $60 million construction at University Park will follow the same timeline, beginning next summer and ending in fall 2008.

Mahon said a February lawsuit had not interfered with development plans for the University Park facility, which is tentatively planned for the corner of University Drive and Park Avenue.

The enrollment process will be the same for both campuses and specialized law programs could be placed at both campuses, he said, adding that further plans will be discussed during fall Penn State Board of Trustees meetings.

The lawsuit was filed by three members of the law school's Board of Governors who believed the plan violated a 1997 merger agreement that named Carlisle as the law school's primary location. Mahon said the Carlisle campus would remain open for at least another 15 years at Gov. Ed Rendell's request, but could operate "well beyond" the agreed date.

"We're not going to invest tens of millions of dollars in a plan that we think is going to fail," Mahon said.

G. Thomas Miller, one of the plaintiffs in the suit, said the main problem with the plan was that an independent party had never evaluated the situation.

"There was no independent oversight," he said. "There were only representatives of people who wanted it to happen."

Under the current agreement, the Board of Governors will be dissolved Aug. 1 in favor of a seven-member Board of Directors.

Miller said the change will leave no one to operate the Carlisle campus if it becomes independent "when Penn State decides to close it."

"We're primarily concerned about the longevity of the Carlisle campus," Miller said. "[The agreement] does not guarantee longevity."

Miller has asked a lower court for a new trial, and he hopes a decision will be made by the end of July.

"I doubt they'll grant a new trial," he said.

If his request for a new trial is denied, he said he will begin the appeal process.

"The university administration does not like the Carlisle campus," Miller said. "It will go away, but by inches rather than by yards or feet."

Mahon again called Miller's claims "ridiculous," and said the law school greatly benefits the Carlisle community.

"It would be silly of us to invest this much time and this much money into something that's going to fail," he said.

Mahon said he will not respond to every single claim made by Miller.

"It'll be one of the very best law schools in the country. We've got a great solid plan in place and it's going to be a success," Mahon said.

Law school professor Robert Ackerman said the lawsuit and the construction plans are not affecting the atmosphere of the office. He said a "program committee" has been formed to help plan the facilities, but he was not directly involved in that process.

"I'm just sitting here just waiting for the wreckers' ball to hit my building," he said.

Round Four.....or is it Round Five? I've lost count.

Story from Harrisburg Patriot News:

CARLISLE

Reopening of law-school case sought

Thursday, June 02, 2005

BY ELIZABETH GIBSON

Of Our Carlisle Bureau

CARLISLE - Three dissident members of The Dickinson School of Law's

board of governors are asking Cumberland County Court to reconsider its

dismissal of their case against Penn State University and the governors

board.

Judge Edward E. Guido last week denied claims brought by G. Thomas

Miller, Leslie Anne Miller and Tom Monteverde.

The three had claimed that the university bullied the governors board

into accepting a plan to build a second law campus in State College.

They claimed the board violated procedures and failed to get an

objective evaluation of the two-campus plan.

In a motion filed yesterday, the Millers and Monteverde ask the court to

modify or change its decisions and reopen the case.

They said, among other things, that the court's refusal to force Penn

State President Graham Spanier and Rodney Erickson, executive vice

president and provost, to produce e-mails hampered their case.

Judge OKs another law school campus

Philadelphia Inquirer (PA) May 24, 2005

Judge OKs another law school campus It will be built at Penn State. Three board members of the Dickinson School of Law opposed it.
By Mark Scolforo, Associated Press
The Dickinson School of Law and Pennsylvania State University can go ahead with a plan to build a second law-school campus in State College, a county judge ruled yesterday.

The Dickinson School of Law and Pennsylvania State University can go ahead with a plan to build a second law-school campus in State College, a county judge ruled yesterday.

Cumberland County Judge Edward E. Guido, ruling against law school board members trying to stop the new campus, said the board "exercised due care, including reasonable inquiry, skill and diligence, as a person of ordinary prudence would use under similar circumstances."

The suit to stop the dual-campus plan was filed by Dickinson School of Law board members Leslie Anne Miller, Gov. Rendell's former general counsel; and her father, lawyer G. Thomas Miller; and emeritus board member Tom P. Monteverde.

They were on the losing side of a 17-14 vote by Dickinson's board in January to accept Penn State's proposal. They believe the second campus may eventually spell the end of the law school's original Carlisle campus.

Last week, Guido dismissed their suit against Penn State. Yesterday's ruling involved their suit against the board and its chairman.

Penn State and the law school, established in Carlisle in 1834, completed a merger in 2000.

Monteverde, a Philadelphia lawyer who joined the board in 1976, said he and the Millers had not decided whether to appeal.

The January deal would have kept open the Carlisle campus for at least 10 years, but more recently Rendell gave Penn State up to $25 million in state funds to renovate and expand the law school in return for a commitment to operate it in Carlisle for at least 20 years.

Dickinson pact debated

Centre Daily Times (State College, PA) May 21, 2005
Dickinson pact debated

The Associated Press CARLISLE -- Lawyers on Friday debated whether the governing board of Penn State's law school should have gotten an independent analysis before approving a plan to build a second campus at the University Park campus.

The Associated Press

CARLISLE -- Lawyers on Friday debated whether the governing board of Penn State's law school should have gotten an independent analysis before approving a plan to build a second campus at the University Park campus.

Jack Stover, a lawyer for The Dickinson School of Law board of governors, said there was no such requirement and that dissenting board members had plenty of time to call for one during more than a year of deliberations.

"You can't in hindsight come back after the fact and say, 'Oh, gosh. You should have done something differently,'" Stover said in closing arguments.

But John Stoviak, a lawyer for those suing to stop the dual-campus plan, said Penn State officials and the law school dean had been pushing for a University Park campus from the beginning and wielded too much authority.

"This process is flawed from the get-go because it's controlled by advocates," Stoviak said. "They're not talking about what's the best thing. They're talking about how to get the votes."

Cumberland County Judge Edward E. Guido said he would issue an order Monday.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's former general counsel; her father, lawyer G. Thomas Miller; and emeritus board member Tom Monteverde -- were among those who dissented when Dickinson's board voted 17-14 to accept Penn State's proposal on Jan. 15.

The trio sued, arguing that the proposal would allow Penn State to eventually close the original campus. Penn State and Dickinson School of Law merged beginning in 1997, and the lawsuit alleged the two-campus plan would "unilaterally terminate" an agreement that required Penn State to keep the law school permanently in Carlisle. The merger was completed in 2000.

The two-campus plan approved in January called for Penn State to keep the Carlisle campus open for at least 10 years while it develops the State College campus. More recently, Rendell negotiated an agreement with Penn State that would increase the university's commitment to Carlisle to at least 20 years in exchange for up to $25 million in state funding for renovating and expanding the Carlisle campus.

Centre Daily Times (State College, PA) May 20, 2005

Judge dismisses suit against Penn State over law school plan

The Associated Press CARLISLE -- Penn State might have used heavy-handed tactics in getting its law school's governing board into accepting a second campus, but it didn't do anything illegal, a judge ruled today.

CARLISLE -- Penn State might have used heavy-handed tactics in getting its law school's governing board into accepting a second campus, but it didn't do anything illegal, a judge ruled today.

Cumberland County Judge Edward E. Guido dismissed the case against Penn State brought by three Dickinson Law School board members trying to stop Penn State from building a second law school at its University Park campus.

However, the judge did not dismiss the three board members' suit against the board and its chairman, H. Laddie Montague. A hearing on that lawsuit will continue.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's former general counsel; her father, attorney G. Thomas Miller; and emeritus board member Tom Monteverde -- were among those who dissented when Dickinson's board voted 17-14 to accept Penn State's proposal on Jan. 15.

The trio sued, arguing that the proposal would allow Penn State to eventually close the original campus.

Penn State and The Dickinson Law School merged beginning in 1997, and the lawsuit alleged the two-campus plan would "unilaterally terminate" an agreement that required Penn State to keep the law school permanently in Carlisle. The merger was completed in 2000.

"We're obviously pleased that the judge ruled in our favor," said Rodney Erickson, Penn State's executive vice president and provost. "We have a plan that ... makes an unprecedented investment in The Dickinson School of Law. Our goal is to move Dickinson into the top tier."

John Stoviak, the plaintiffs' attorney, did not immediately return a phone call by The Associated Press left at his office after business hours today.

Approved in January, the two-campus plan called for Penn State to keep the Carlisle campus open for at least 10 years while it develops the State College campus. More recently, Rendell negotiated an agreement with Penn State that would increase the university's commitment to Carlisle to at least 20 years in exchange for up to $25 million in state funding for renovating and expanding the Carlisle campus.

A compromise: $25 mil for 20 years

Centre Daily Times (State College, PA) May 11, 2005

Dickinson's Carlisle campus gets funds State's $25 million will go toward renovations

Gov. Ed Rendell announced Tuesday that he has released $25 million to help pay for renovations to the Penn State Dickinson School of Law's Carlisle campus.

That money will provide matching funds for the $10 million Penn State plans to spend on improvements to the Carlisle campus and another $10 million the university is raising. The state money will be administered through the Cumberland County Redevelopment Authority and is contingent on the university keeping the Carlisle campus open for at least 20 years.

Penn State and the law school's board of governors reached an agreement earlier this year that allows the university to open a second law-school campus at University Park. In that agreement, Penn State promised to keep the Carlisle campus open for at least 10 years.

Although Penn State administrators said they had no intention of closing the campus, the clause stoked fears of some members of the board of governors and Carlisle residents that the campus would eventually be closed.

According to a news release issued by Gov. Ed Rendell's office Tuesday, Penn State agreed to operate the full law school program in Carlisle for at least 15 years. After that, Penn State agreed to keep it open for at least another five years, unless one of the following happens: the law school's accreditation can't be saved unless one or both campuses are closed; the university can't recruit enough suitable students for both campuses; or a change in legal education from the current three-year structure takes place.

In those cases, "a change in the structure of (the) law degree program in Carlisle could occur" in the last five years of the agreement.

"This agreement represents a tremendous compromise that will ensure the Carlisle campus of Dickinson Law School remains a viable facility, while protecting our fiduciary responsibilities to the commonwealth and Penn State," Rendell said.

"This agreement demonstrates our collective long-term commitment to legal education in Carlisle," Penn State President Graham Spanier said in a written statement.

Under the agreement, Penn State would have to return the state money to the redevelopment authority if the university did close the Carlisle campus. In that event, the Dickinson Law School Association could take over the campus building and run an independent law school or find a new affiliation.

If the association chose not to operate the law school, Penn State could sell the building and place the proceeds of the sale in the law school's endowment.

Three members of the board of governors filed a suit in Cumberland County Court challenging the agreement reached between the university and the board of governors. The case is scheduled to begin May 18.

And more about the Governor's lawyer

Pennsylvania Law Weekly Vol 28, No. 10 Copyright 2005 ALM Properties, Inc. All rights reserved.
March 7, 2005
Government
MILLER RESIGNS AS STATE GC
APPEARANCE OF CONFLICT PROMPTS DECISION
Jeff Blumenthal Of the Law Weekly
Leslie Anne Miller, general counsel to the commonwealth, has resigned due to an appearance of a conflict of interest created by a lawsuit she filed to stop Penn State University from dissolving the Dickinson School of Law's board of governors and creating dual law school campuses.
Miller released a statement explaining the reasons for her resignation. She said Dickinson Law's long-term existence in Carlisle would be threatened if Penn State opened a second campus in State College.
'In order to fulfill my fiduciary duty as a member of the board of Dickinson School of Law, I shall continue to participate as a plaintiff in the lawsuit,' Miller said.
She went on to say that she enjoyed her two years as Rendell's general counsel but that 'Dickinson School of Law's survival is more important to me and my family than my job.'
Kate Phillips, a spokeswoman for Gov. Edward G. Rendell, said the governor 'reluctantly' accepted Miller's resignation March 1. She said that the governor was not angry with Miller and that she had served the administration well for the past two years.
Miller, the former president of the Pennsylvania Bar Association, attended Dickinson Law and sits on its board of governors.
Phillips said that one of Miller's deputy general counsel, Scott Roy, will serve as interim general counsel. But she was quick to point out that Roy was not serving as acting general counsel and that the governor would be searching for a replacement. Roy is one of four deputies and is a holdover from the Ridge administration. He is in charge of administration and mediation.
Miller, who lives with her family in Montgomery County, said her long-term career goals include returning to the practice of law at a Philadelphia firm.
Before joining the governor's staff as general counsel, Miller was a partner at McKissock & Hoffman in Philadelphia.
'I just found out about it today,' McKissock & Hoffman partner Peter Hoffman said. 'We have kept in touch but I haven't spoken to her in the last two or three weeks since this whole thing with the law school started. I'd love to have her back but I don't know what her plans are.'

More about the Governor's lawyer quitting to fight PSU

The Legal Intelligencer Vol. 232, No. 43 Copyright (c) 2005 by American Lawyer Media, ALM, LLC
March 4, 2005
MILLER QUITS AS PA. GENERAL COUNSEL
Jeff Blumenthal Of the Legal Staff
Leslie Anne Miller, general counsel to the commonwealth, has resigned due to an appearance of conflict of interest her job created with a lawsuit she filed that is intended to stop Pennsylvania State University from dissolving the Dickinson School of Law's board of governors and creating dual campuses.
Miller released a statement explaining the reasons for her resignation. She said Dickinson Law's long-term existence at its Carlisle campus would be threatened if Penn State opened a second campus in State College.
'In order to fulfill my fiduciary duty as a member of the board of Dickinson School of Law, I shall continue to participate as a plaintiff in the lawsuit,' Miller said.
She went on to say that she enjoyed her two years as Gov. Edward G. Rendell's general counsel but that 'Dickinson School of Law's survival is more important to me and my family than my job.'
Kate Phillips, a spokeswoman for Rendell, said the governor 'reluctantly' accepted Miller's resignation Tuesday. She said that the governor was not angry with Miller and that she had served the administration well for the past two years.
Miller, the former president of the Pennsylvania Bar Association, attended Dickinson Law and sits on its board of governors. After the Dickinson Law board gave preliminary approval for two campuses, Miller and two other board members - her father, Harrisburg lawyer G. Thomas Miller, and Philadelphia lawyer Thomas Monteverdi - sued Penn State, University President Graham Spanier, Dickinson Law Dean Phillip McConnaughay and Dickinson board of governors chairman and Berger & Montague partner Laddie Montague in Cumberland County Common Pleas Court last month.
The suit says the aim is to suspend the plan until, among other things, Penn State supplies more details about the two-campus plan.
Miller, the chief legal adviser to Rendell, offered to resign if the governor felt there was an appearance of a conflict. Last week, the Dickinson Law board gave final approval, in a 20-14 vote, to allow for the second campus. Miller voted against the plan and said she is scheduled to testify in a hearing today in Cumberland County.
Miller said she does not oppose the concept of dual campuses. She just believes the addition of a second campus in State College would cause irreparable financial harm to the law school that would lead to the closure of the current Carlisle campus.
'What we are trying to do is protect both campuses,' Miller said. 'We are making sure there are significant funds so that the school stays in existence. Penn State agreed to keep the Carlisle campus open when it merged with Dickinson.'
Phillips said that one of Miller's deputy general counsel, Scott Roy, will serve as interim general counsel. But she was quick to point out that Roy was not serving as acting general counsel and that the governor would be searching for a replacement. Roy is one of four deputies and is a holdover from the Ridge administration. He is in charge of administration and mediation.
The three other deputies include former Dickinson Law Dean Peter Glenn, in litigation; former Buchanan Ingersoll partner Nora Winkelman, in legislation; and former deputy attorney general David DeVries, in government contracts.
One name that is bound to surface as a possible replacement is Hangley Aronchick Segal & Pudlin partner Mark Aronchick, who was chief counsel to Rendell's gubernatorial campaign in 2002 and a close personal friend. Aronchick was Philadelphia's city solicitor during the administration of Mayor Bill Green in the early 1980s.
'I have not had any conversations with the governor and if I did, they would remain private,' Aronchick said. 'But anyone who knows me knows that I value public service and always urge others to pursue it. But right now my law practice and my firm are my primary focus.'
Miller, who lives with her family in Montgomery County, said her long-term career goals include returning to the practice of law at a Philadelphia firm.
Before joining the governor's staff as general counsel, Miller was a partner at McKissock & Hoffman in Philadelphia.
'I just found out about it today,' McKissock & Hoffman partner Peter Hoffman said. 'We have kept in touch but I haven't spoken to her in the last two or three weeks since this whole thing with the law school started. I'd love to have her back, but I don't know what her plans are.'
Before departing for Harrisburg in early 2003, Miller had begun to shift her practice focus from defense litigation work to mediation. In 2001 she was named interim president of the Regional Performing Arts Center as it prepared for its grand opening.
All the while, she maintained her status as a partner at McKissock & Hoffman. Miller was PBA's first female president in 1999 and has been honored with the Philadelphia Bar Association's Sandra Day O'Connor Award and the PBA's Anne X. Alpern Award.

PSU wins round one

Centre Daily Times (State College, PA) Copyright 2005 Centre Daily Times
March 5, 2005
Judge won't block law school plan
By Martha Raffaele, The Associated Press
CARLISLE -- Penn State will be allowed to pursue its plan to build a second law school campus pending the outcome of a lawsuit filed by three Dickinson School of Law board members who oppose the plan, a judge ruled Friday.

Cumberland County Common Pleas Judge Edward E. Guido denied the plaintiffs' request for a preliminary injunction to block the plan, and he advised both sides that he would schedule a trial in May.

Charles W. Rubendall II, an attorney for the plaintiffs, argued that the injunction was necessary because, among other things, the plan to build a campus at University Park calls for the dissolution of the law school's board by August.

"The law school's governance has been put in limbo. ... it's just there," Rubendall said.

But Guido countered that an expedited trial would adequately resolve the case before any construction could begin on the second campus.

"Why do we need a preliminary injunction now, as long as ground isn't broken?" Guido asked.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's former general counsel; her father, lawyer G. Thomas Miller; and emeritus board member Tom Monteverde -- filed their lawsuit Feb. 3. They were among the dissenters when Dickinson's board voted 17-14 to accept Penn State's proposal on Jan. 15.

Penn State and Dickinson merged beginning in 1997, and the lawsuit alleges that the two-campus plan would "unilaterally terminate" a deal that required Penn State to keep the law school permanently in Carlisle and maintain it as the primary location.

The plan calls for Penn State to keep the Carlisle campus open for at least 10 years while it develops the University Park site. Rendell wants Penn State to extend its commitment to Carlisle but will not guarantee that the law school would remain there permanently.

Dickinson has been largely under Penn State's control since the merger was completed in 2000.

Governor's Lawyer Quits Job to Fight PSU over Dickinson

Philadelphia Inquirer (PA) Copyright 2005 The Philadelphia Inquirer
March 4, 2005
Governor's top lawyer resigns to avoid conflict
By Martha Raffaele, Associated Press
Gov. Rendell's top lawyer said yesterday she has resigned from her job to avoid any appearance of conflict as she and two other plaintiffs sue to halt Pennsylvania State University's plan to build a second law school campus.

Gov. Rendell's top lawyer said yesterday she has resigned from her job to avoid any appearance of conflict as she and two other plaintiffs sue to halt Pennsylvania State University's plan to build a second law school campus.

Leslie Anne Miller said she resigned voluntarily on Wednesday evening, citing "ongoing attacks in the press" concerning her role as Rendell's general counsel. She is also a member of the governing board of Penn State's Dickinson School of Law.

Miller was named general counsel after Rendell was elected governor in 2002.

"I thought it was important that they be stopped and that both the lawsuit and, equally importantly, the Office of General Counsel, be free of the appearance of conflict... and that I be free to go about the business of being a plaintiff without further harassment," she said.

Rendell is trying to secure a long-term commitment from Penn State to keep the Dickinson Law School's original campus in Carlisle under the two-campus plan. His spokeswoman, Kate Philips, said he accepted Miller's resignation reluctantly.

"The governor said a week or two ago that if, as the lawsuit progressed, it appears there was a conflict of interest, he would accept her resignation. He was hopeful that there wouldn't be," she said.

The lawsuit seeks to prevent the dissolution of Dickinson's board of governors, which would occur by Aug. 1 under Penn State's plan to build a second law school campus in State College. A judge in Carlisle is scheduled to resume a hearing tomorrow on a preliminary injunction to block the plan.

The plaintiffs - Miller; her father, G. Thomas Miller; and emeritus board member Tom Monteverde - were among the dissenting votes when Dickinson's board voted, 17-14, to accept Penn State's proposal on Jan. 15.

Established in 1834, Dickinson has been largely under Penn State's control since a merger was completed in 2000.

The Expected is Done....Again.

I combined three articles in one posting.



Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Sunday, February 27, 2005
A Section
Dickinson OKs 2nd campus at Penn State
ELIZABETH GIBSON Of Our Carlisle Bureau
The future of The Dickinson School of Law now rests with Penn State University and Gov. Ed Rendell. The school's board of governors yesterday gave final approval, in a 20-14 vote, to have Penn State open a second law school campus in State College.

As part of the vote, the board agreed to relinquish its authority to the university.

It was a landmark decision for the group, all lawyers and Dickinson alumni. Their debate in Trickett Hall was marked by the congeniality of longtime colleagues, but was tinged with the loss of some common ground and the knowledge they wouldn't meet again.

However, the plan could come unhinged if Rendell and Penn State can't strike a deal by June 1.

The university wants to renovate the Carlisle campus but needs state money to do so. Rendell said he'll release the money if Penn State vows to keep the Carlisle campus open more than 10 years.

Yesterday, the dickering continued but each side was optimistic.

Penn State President Graham Spanier said he is "absolutely" certain he can meet Rendell's terms.

"I have not yet spoken to the governor about this, nor has his staff proposed any specific conditions. Now that we have a final vote of the board of governors, I assume that we will complete such discussions soon," he said.

Rendell spokeswoman Kate Philips said the governor hopes to reach an agreement "in the next couple of weeks."

But the uncertainty lent fuel to board members who battled to retain their power and force Penn State to make a better offer.

After the board last month gave preliminary approval for two campuses, board members Leslie Anne Miller, G. Thomas Miller and Tom Monteverde sued the board, Penn State and others in Cumberland County Court. They aim to suspend the plan until, among things, Penn State supplies more details about the two-campus plan.

Leslie Anne Miller is Rendell's general counsel and offered to resign if her suit interfered with her dealings with Penn State. Rendell has not accepted her resignation. Miller voted by phone against the plan yesterday.

Her father, G. Thomas Miller, couldn't win majority support for a series of demands he made yesterday during the 31/2-hour meeting. They included insisting Penn State keep the Carlisle campus open at least 20 years and spend more than the $10 million promised toward Carlisle renovations.

He drew rancor from members who've been mostly silent about their support for Penn State's plan.

Member Lewis Katz said the lawsuit has delayed Penn State and Rendell in reaching terms.

J. Rodman Steele Jr. called Miller and others obstructionists. He called for an end to barbs thrown at those who support Penn State and to charges that Penn State holds hidden motives.

Yesterday, two members reversed their January votes against the preliminary two-campus plan. Without comment, U.S. Middle District Senior Judge Sylvia Rambo and Anthony Falvello, a Sugarloaf area attorney, voted for Penn State's plan.

Their votes canceled out those cast by Robert Frey and Monteverde, who yesterday were restored as voting board members. The men had been emeritus members who took part in talks but whose votes did not count last month.

Tom Ridge, the former U.S. homeland security secretary who was Pennsylvania's governor when Penn State and Dickinson merged in 2000, said that while board members have clashed over Penn State's plans, each is equally committed to Dickinson.

The board was formed as part of the merger. Its chief duty was to halt any attempt to move the school. It stepped in when Penn State proposed in 2003 to move the school from Carlisle to State College.

Penn State argued that a presence on the main university campus would enhance offerings for students and boost the law school's national rankings. But objections from the board, lawmakers and Rendell prompted the university to withdraw the proposal and instead offer a two-campus proposal. Penn State said it would renovate Carlisle and build a $60 million law facility in State College.

Serious divisions among the governors board followed.

Ridge said that, until yesterday, Dickinson was the only university-associated law school to have a board with control independent of its parent school. He voted to dissolve the board and support a campus at State College.

"I feel good about the law school's future. I feel confident that the dust will settle," Ridge said.

Carlisle Borough Councilwoman Linda Cecconello didn't share his confidence.

"In my heart of hearts, it kind of disturbs me that [the board] has given up the ship," she said.

Cecconello said she doesn't believe the university is truly committed to keeping a school in Carlisle. "I don't think Dickinson School of Law is here forever," she said.

But Spanier said the plan for two campuses is a dual commitment.

"We are committed to the-long term success of the law school in Carlisle and [State College]," he said. ELIZABETH GIBSON: 249- 2006 or egibson@patriot-news.com INFOBOX:

THE STORY SO FAR

* The Dickinson School of Law in Carlisle merged with Penn State University in 2000.

* In 2003, Penn State proposed moving the school to its main campus in State College, saying the proximity would enhance students' education and job prospects and improve the school's rankings.

* Penn State withdrew the proposal after objections from the community, lawmakers and the law school governors board. Penn State then offered to contribute $10 million toward a $50 million renovation of the Carlisle law campus and build a $60 million law campus in State College.

* Three law board members have sued Penn State and others in Cumberland County Court to, among other things, force the university to reveal how long it will operate the Carlisle law campus.

* The law school board yesterday voted 20-14 to back Penn State's two-campus plan. The vote dissolves the board and gives Penn State permanent control over the school's location. The decision could be voided if Penn State doesn't agree with Gov. Ed Rendell by June 1 on state grant money Penn State will use in Carlisle.

* If Penn State and Rendell agree on terms, Carlisle renovations are to begin by September. Sites and designs for the State College campus are being considered.

HOW THEY VOTED Those voting for the two-campus plan: H. Laddie Montague Jr., board chairman, Philadelphia Zygmunt R. Bialkowski Jr., Scranton Ward A. Bower, Newton Square William R. Caroselli, Pittsburgh J. Michael Eakin, Harrisburg Anthony C. Falvello, Sugarloaf Lewis Katz, Cherry Hill, N.J. Edwin L. Klett, Pittsburgh Sidney D. Kline Jr., Reading Michelle Moore, Atlanta Christylee Peck, Harrisburg Sylvia H. Rambo, Harrisburg Tom Ridge, Washington, D.C. Dale F. Shugart Jr., Carlisle Donald C. Smaltz, Torrence, Calif. J. Rodman Steele Jr., West Palm Beach, Fla. Tracy L. Steele, Philadelphia Donald C. Taylor, Wilmington, Del. Nathan H. Waters Jr., Harrisburg LeRoy S. Zimmerman, Harrisburg Those against the two-campus plan: Helen S. Balick, Wilmington, Del. Robert M. Frey, Carlisle Kathleen P. Galop, Madison, N.J. Hubert X. Gilroy, Carlisle M. Fletcher Gornall, Erie Jason P. Kutulakis, Carlisle Joan Dawley Maher, Carlisle G. Thomas Miller, Harrisburg Leslie Anne Miller, Harrisburg Tom P. Monteverde, Philadelphia Joseph Nadel, San Francisco, Calif. Arthur L. Piccone, Wilkes- Barre Michael T. Traxler, Carlisle Sandor Yelen, Wilkes-Barre Jan R. Jurden, Wilmington, Del., did not attend.
TABULAR OR GRAPHIC MATERIAL SET FORTH IN THIS DOCUMENT IS NOT DISPLAYABLE


PHOTO; JOE HERMITT; Caption: Former Gov. Tom Ridge voted in favor of opening a second Dickinson School of Law campus in State College.; G. Thomas Miller wanted the board to require that Dickinson School of Law remain in Carlisle for at least 20 years.


Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, February 27, 2005
A
Dickinson board approves two-campus agreement
From CDT staff reports
The board of governors of The Dickinson School of Law voted 20-14 today to approve an agreement with Penn State to creates a dual-campus law school. Penn State spokesman Tysen Kendig said the university had expected the law school board's approval of a plan to retain the Carlisle campus for at least 10 years and have another campus at the university's headquarters just outside State College.

Laddie Montague Jr., chairman of Dickinson's board of governors, said each campus will "offer unique opportunities," the Centre Daily Times reported.

The university's trustees voted to accept the plan Jan. 21.

A lawsuit filed by board members who oppose the dual-campus plan alleges that the plan would "unilaterally terminate" a deal that required Penn State to keep the law school permanently in Carlisle and maintain it as the primary location.

The lawsuit is still pending in Cumberland County court.


Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, February 27, 2005
A
Board approves law school plan
asmeltz@centredaily.com
By Adam Smeltz The Dickinson School of Law officially cleared the way Saturday for a dual-campus plan, approving a formal agreement with Penn State despite a pending lawsuit.

At a meeting at Dickinson's Carlisle campus, the school's board of governors voted 20-14 in favor of the plan. It calls for the Carlisle campus to be improved and remain in place for at least 10 years while a second branch -- a $60 million law school building -- gains footing at University Park.

H. Laddie Montague Jr., chairman of Dickinson's board, said Saturday that each campus will "offer unique opportunities."

Edwin Klett, of Pittsburgh, another member of the board, said he had no reservations about the agreement.

And member Don Smaltz, of Rancho Palos Verdes, Calif., said the plan will allow students to continue to work at Harrisburg-area agencies and give them access to "the halls of academia" at University Park.

"Just because there's a time agreement written, I don't expect the campus at Carlisle would be closed," Smaltz said.

Tysen Kendig, a Penn State spokesman, said the university expected -- and applauds -- the board's vote. Penn State's trustees voted to accept the plan Jan. 21.

Kendig said university officials need to talk with Gov. Ed Rendell about the release of state funds for the project and to work on additional fund-raising campaigns. Then they can move forward with specific plans for the campuses, he said.

"All the other road blocks seem to have been cleared," Kendig said.

Still, a lawsuit intended to halt development of the University Park component remains unresolved. Some members of Dickinson's board have alleged that Penn State used "mind control, economic duress and intimidation" to win support for the dual-campus plan.

The case, first heard Feb. 18, will go before a judge in Cumberland County again next month.

Dickinson, established in 1834, completed a merger with Penn State in 2000. Philip J. McConnaughay, the school's dean, proposed in 2003 to relocate Dickinson to University Park and to close the Carlisle campus. But the idea lost momentum when Carlisle leaders vigorously opposed it.