Concerns arise over lawyer representing Washington County DA in death penalty feud

Two Pittsburgh lawyers involved in efforts before the Pennsylvania Supreme Court to curb the Washington County district attorney’s use of the death penalty are questioning why his office is being represented in the matter by a private attorney who charges nearly $500 an hour.

The defense lawyers for Devell Christian, who faces potential capital punishment if convicted in his murder trial, on Wednesday filed a petition to intervene in the matter involving District Attorney Jason Walsh.

In their petition, Ryan James and Ken Haber argue the decision earlier this month to hire Philadelphia attorney Shohin Vance to represent Walsh was inappropriate.

“District Attorney Walsh is abusing the powers of his office in the way he is bringing capital cases, and he’s attempting to personally defend himself for the way he is exercising his discretion,” they wrote.

The hiring decision was made by Washington County commissioners. Vance’s payment will not come from taxpayers but rather will be covered by the county’s insurance policy, Walsh said.

“When I found that out, it just makes sense to go with an outside law firm,” Walsh said.

Walsh said his office doesn’t have an appellate unit or solicitor to represent him.

“We’re not Pittsburgh and Philadelphia here,” Walsh told TribLive Thursday. “We don’t have those types of resources.”

Vance did not respond to a request for comment.

3-0 vote

On July 22, the Atlantic Center for Capital Representation filed a petition with the state’s high court asking it to review Walsh’s use of the death penalty.

The petition alleges that Walsh tried to earn political capital through his application of the death penalty, and that he uses it as a negotiating tool to pressure defendants to plead guilty.

According to the Atlantic Center petition, since Walsh took office in 2021, he sought capital punishment in 11 out of 18 homicide cases filed in Washington County.

The filing asks the court to bar the DA’s use of the death penalty without prior approval from an out-of-county judge.

The petition does not name Walsh personally. Instead it was filed against the Commonwealth of Pennsylvania.

Walsh has denied the allegations, defending his use of capital punishment in cases in which, he said, the ultimate penalty is deserved.

He has a week to file a response.

On Aug. 1, Washington County commissioners passed a motion to hire Vance at $480 per hour “to represent District Attorney Jason Walsh.”

The 3-0 vote was held during a four-minute emergency meeting called only to address this issue.

What the law says

In Wednesday’s filing, attorneys for Christian questioned the decision to hire Vance, who works at a firm “well-regarded for its disciplinary-defense practice,” and serves as vice chair of the state Supreme Court’s Disciplinary Board, which hears matters involving alleged misconduct by lawyers.

Christian’s lawyers said he has an interest in ensuring the administration of the death penalty is handled properly.

“He further has an interest, too, in ensuring that when his government wants to put him to death, that it is his government that speaks through its attorneys representing the public interest, not privately retained counsel hired to protect one agent acting on behalf of the commonwealth,” they wrote.

The petition cites the Commonwealth Attorneys Act.

“That act affords no authorization that private practitioners may represent and advance the commonwealth’s interest,” they wrote.

While the act allows the substitution of one prosecutor for another, all of them involve a duly-elected public official, Christian’s attorneys wrote.

“But nothing in the Commonwealth Attorneys Act, or in any other statute, authorizes trial courts to deputize private attorneys to represent the commonwealth in criminal matters.”

Marc Bookman, executive director of the Atlantic Center, told TribLive he purposely lodged the case against the Commonwealth of Pennsylvania, not against Walsh.

“This is an allegation that the commonwealth is acting improperly in seeking the death penalty,” Bookman said. “It’s the commonwealth that seeks the death penalty through its representative.”

Therefore, Bookman continued, it is inappropriate to hire private counsel to represent Walsh.

“You can’t just hire a private lawyer to respond to a complaint against the commonwealth,” Bookman said.

Walsh, however, said Vance was hired to represent the district attorney’s office — however the motion was worded before the commissioners.

‘Liberal Pittsburgh attorneys’

Walsh, a Republican, has called the petition to the state Supreme Court the work of a “liberal think tank,” and repeated those claims Thursday against Christian’s attorneys , saying they’ve allowed their client’s case to languish.

“This is liberal Pittsburgh attorneys jumping on the bandwagon,” Walsh said.

Christian, he continued, is accused of killing a man by shooting him in the back as he made a sandwich. Police said Christian fired 11 times.

“It was an execution,” Walsh said. “They’re trying to deflate and distract.”