In a decision made Dec. 19, 2012 by Lehigh County President Judge Carol K. McGinley, Lehigh County Controller Glenn Eckhart will be retaining his job.

Eckhart served as a Lehigh County Commissioner from 2006 through Dec. 30, 2011. He resigned that office and assumed the office of controller in January 2012.

On March 30, 2012, District Attorney James B. Martin challenged Eckhart's eligibility to serve, citing the Pennsylvania County Code which states "The county commissioners ....shall be ineligible, during their continuance in such office and for two years thereafter, to the office of county controller."

Eckhart, through his attorney Matthew Croslis, filed preliminary objections April 23, 2012 saying Martin's claim should have been dismissed as Lehigh County adopted the Home Rule Charter in 1978.

In her ruling, McGinley noted the distinction between legislative responsibilities in the County Code and the Home Rule Charter.

"It is sufficient to answer the question before us by the conclusion that Mr. Eckhart served as a commissioner, as defined in the Home Rule Charter, and was elected to a position of controller, as defined in the Home Rule Charter," McGinley said. "Because these positions are defined differently in the Home Rule Charter than in the County Code, the County Code and its limitations are inapplicable."

In a statement to The Press Dec. 28, 2012, Martin said, "Both Mr. Sorrentino [Matthew Sorrentino, Lehigh County solicitor] and I feel we have accomplished our objective, which was to resolve an issue that we each felt needed to be decided by a court. We now have a judicial determination that we are satisfied with. We respect the court's decision and we are not going to take an appeal. We felt it was a close question, and the judge has decided it appropriately. Were we to take an appeal, it would likely take more than a year to be resolved, and by that time, the question would be moot because Mr. Eckhart would have been away from his commissioner's job in excess of two years."

Eckhart said he is pleased with the outcome and is glad it is finally over. He is looking forward to moving on and continuing in his position as controller.