The resolution approving a professional services agreement with the Lehigh Valley Pretrial Services Inc. ignited a debate among Lehigh County Commissioners about transparency, public trust and accountability.

In essence, the contract states “the PROVIDER (Lehigh Valley Pretrial Services) shall provide bail services for the Court of the Common Pleas of Lehigh County in accordance with the Rules of Criminal Procedure.” The contract itself, which is found on the county’s website, clearly states the expectations for the provider.

It was a close vote, 5-3, with Commissioner Dave Harrington, a lawyer and chairman of the Courts and Corrections Committee, choosing to abstain in order to avoid any potential situation of conflict of interest.

Before the vote, Commissioner Dan Hartzell spoke about how “the lawyers say this process is transparent.” He pointed out another related issue; culture. He raised the issue of race and how there are more and more people of mixed-race and how some either do not know how to identify themselves or choose not to. Hartzell said this plays a role in the data collected.

Hartzell voted for the resolution, stating: “given everything that has been going on for a week or so here and what we have learned tonight, I see no reason not to approve this contract.”

Commissioner Bob Elbich, who voted against the resolution, addressed his concerns to Lehigh County District Court Administrator Kerry R. Turtzo before the vote.

Elbich asked, “If there was someone to sue on a basis of disbar impact, who would they sue? Would they sue the company? Would they sue the county or would they sue the court?”

Turtzo responded by saying “a lawsuit will start by naming everyone and then entities get ruled out. I don’t know the answer to that question.”

The lack of getting proper data from a provider was key for Elbich. He stated “there is no mechanism to get more data from Lehigh Valley Pretrial Services. There is no format that meets the state laws, to evaluate the system.

“That’s why I’m asking these questions because it’s frustrating the heck out of me. Again, there is no checks and balances,” Elbich said.

Lehigh County Commissioners Chairman Geoff Brace explained in Pennsylvania “the courts function almost autonomously from the other branches in the Commonwealth of Pennsylvania.”

“In day-to-day operations of the courts, the courts function without the constraints established by the General Assembly and the executive branch.”

Commissioner Jeffrey Dutt made the point that “we all do our homework. We all go through a process on which we vote on.”

The last meeting for 2022 is scheduled 7:30 p m. Dec. 14.