Article published Jul 27, 2007

Foulk wouldn't pursue Mizner without law firm

It's a perception Erie lawyer and former Erie County Republican Party Chairman John Mizner
will have to live with. While Mizner waits to see how his future as a lawyer is affected by the
state Supreme Court Disciplinary Board, it appears he won't face criminal charges for bilking
$70,000 from former law partners at McDonald, Illig, Jones & Britton. Many citizens across
the Erie region see this as a legal double standard for a politically connected and prominent
Erie lawyer.

The perception basically cuts this way: The buzz around town concerns why people face
criminal charges all the time for stealing from their employers, but an affluent, well-
connected lawyer doesn't. What gives?

Criminal charges against Mizner are not being pursued because neither Mizner's former law
firm nor the state Supreme Court Disciplinary Board -- which can refer lawyer misconduct
for criminal prosecution -- is pursuing criminal action against Mizner.

So it's Erie County District Attorney Brad Foulk's position that unless there is a victim -- in
this case the McDonald, Illig, Jones & Britton law firm -- there is no case. And that is just
fine with Mizner's former employer.

Russell Warner, the managing partner at MacDonald, Illig, Jones & Britton, said the firm is
done with its own investigation. "He's (Mizner) admitted everything. No client funds were
involved. He paid back the money. He's no longer affiliated with the firm in any way. The
matter is closed between us and John," Warner said.
It's that easy -- then again, it's not. Mizner led the Republican Party in Erie County for 14
years before leaving the position in December. Mizner is a friend of former Gov. Tom Ridge.
And Foulk is a high-profile Republican officeholder.

Perceptions matter.

"If a victim would come forward in any criminal case, including this one, either directly to us
or to law enforcement, it would not make any difference to me who that person was or what
they were complaining about. An investigation would be initiated," Foulk said.

"If someone thinks I have ever made a decision based upon political considerations, I would
hope and pray the work this office has done would dispel that very, very quickly. I don't live
in a vacuum. I know there is a perception of a disparity in treatment, and that concerns
me."

What it comes back to is nobody except Mizner did anything wrong here. The fact is without
Mizner's former partners -- the victims -- Foulk didn't see a criminal case.
It's understandable why this doesn't sit well with some. But this played out in an
appropriate fashion despite the perceptions.