David and Goliath

[Outdoor Talk Network by Jim Slinsky]
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David and Goliath ©

By Jim Slinsky
01/17/09

It has been some time since I sat down and pecked out a column. Between hunting season, my national radio show and a major house remodeling project, my life has been insane. I won’t bore you with the details. It seems everyone’s life these days’ borders on madness.

While I intended to give you a rundown on all the latest issues, something has come up. The Unified Sportsmen of PA’s (USP) deer management lawsuit against the PA Game Commission (PGC) has gotten twisted and ugly. I need this entire column to explain the details.

First, you must understand the PGC is still reeling from the court’s decision to give the USP standing. Based on the PGC’s reaction I believe they were under the impression they could not be sued. One of the judges commented that anybody can sue anyone. I sense the PGC is concerned that next year if sportsmen are unhappy, they could be whacked again. Of course, this is not a pleasant thought for those who are certain to be subpoenaed to testify under oath.

The suit began with the USP and the PGC trading interrogatories. Frankly, I thought USP’s questions were a bit soft. I thought the PGC’s questions were downright silly. Both parties provided answers to this first round of questions. Here’s where it begins to get ugly. The Deputy Attorney General (DAG), Tim Keating wasn’t happy with USP’s answers. He wants USP’s complete membership list. He wants USP to tell the court how many deer there are in each WMU. One doesn’t have to be a judicial scholar to realize both of these requests are absurd.

While all of this is playing out the PGC is pounding their chest to our legislators. They are predicting total victory and they will bankrupt USP in the process. We always knew the PGC boys weren’t the classiest, but isn’t a bankruptcy threat a bit over the edge? DAG Keating really isn’t any better. He is threatening to subpoena and depose the entire USP membership and put USP out of business. One can only imagine how proud our legislators will be if the PGC and the DAG fulfill their threats.

Of course, all of this trash talk goes on because the suit doesn’t cost the PGC a nickel. When sued the PGC is considered a state agency and as such their legal defense is provided by the Attorney General’s Office. In essence, all of our citizens pay the PGC’s attorney fees. This is intriguing because when it comes to possible employment for all of our citizens, the PGC is considered an independent agency and as such is exempt from the Equal Opportunity Employment Act. Attorney General Tom Corbett wants to be our next Governor propelled by his fiscal conservatism. Maybe, it is time for him to have a talk with DAG Keating about the cost of deposing thousands of USP members.

An additional twist to this story is the PGC’s current unreserved balance. The latest number I heard is $46 million about $12 million higher than expected. With this extra cash and the future resource potential on State Game Lands is it really necessary for the public to pay the PGC’s legal defense every time they get their toes in a wringer? Furthermore, these numbers make the hype for a license increase amusing.

When you put this all altogether, USP is David and the AG’s Office is Goliath with the PGC in their deep, financial pocket. I suppose I will be accused of sour grapes if I suggested that the AG’s Office defended the PGC on a fair and level playing field. Continuously rejecting USP’s responses to any and all interrogatory questions is a transparent strategy to run-up USP’s legal bills. Threatening to depose hundreds or possibly thousands of people to testify in this case is pure nonsense designed to intimidate and play games. If the PGC’s deer management program is so sound, why wouldn’t they want to pursue the shortest, fastest, least expensive path to a resolution of this case?

Anytime one goes to court, one rolls the dice. Good things and bad things can happen in court. With a concurrent deer audit pending, it appears the PGC and DAG Keating are even willing to risk statewide ridicule to win. Did I say concurrent? Please forgive me.

I should have closed this column by asking if you have seen USP’s new slingshot.

Jim Slinsky is the host and producer of the “Outdoor Talk Network”, a nationally syndicated, outdoor-talk radio program. For a station near you or to contact Jim, visit his website at www.outdoortalknetwork.com.

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