The Commonwealth Court of Pennsylvania has ruled that requests for attorney fees under the Right-to-Know Law (RTKL) must be filed within 30 days of a final order. This decision has significant implications for individuals and organizations seeking access to public records in Pennsylvania. The ruling came from a case involving George Bochetto and the City of Philadelphia's Department of Licenses and Inspections (L&I), which could affect future requests for public records and the associated legal costs.

In this case, George Bochetto, an attorney, appealed a decision from the Philadelphia Court of Common Pleas that denied his petition for attorney fees after he successfully challenged L&I's response to his RTKL request. The court's ruling clarifies the timeline for filing such petitions, emphasizing the importance of adhering to statutory deadlines in legal proceedings.

Background

The dispute began when Bochetto and his law firm, Bochetto & Lentz, P.C., submitted a RTKL request on January 10, 2023, seeking various records related to Ralph Pinkus, an attorney who served on the Philadelphia Board of License and Inspection Review. Bochetto's request included eight specific categories of records, including financial disclosures and communications regarding the controversial Christopher Columbus statue in Marconi Plaza.

After multiple extensions and a partial response from L&I, the department indicated on March 31, 2023, that it did not possess records responsive to several parts of Bochetto's request. Bochetto appealed to the Office of Open Records (OOR), which found that L&I had not conducted a good faith search for the requested records. The OOR directed L&I to conduct a thorough search and provide the requested information within 30 days.

L&I subsequently appealed the OOR's decision to the trial court, which affirmed the OOR's ruling on March 26, 2024. Following this, Bochetto filed a petition for attorney fees on May 31, 2024, claiming L&I acted in bad faith in its response to his request.

The Ruling

The Commonwealth Court, presided by Judge Patricia A. McCullough, ruled on May 18, 2026, that the trial court lacked jurisdiction to consider Bochetto's fee petition because it was filed more than 30 days after the trial court's final order. The court emphasized, "the Fee Petition was filed more than 30 days after the trial court’s March 26, 2024 order denying L&I’s appeal and affirming the OOR’s Final Determination."

The court further stated that fee petitions under the RTKL must comply with the 30-day time limitation outlined in Section 5505 of the Judicial Code. This ruling reinforces the importance of timely filing and the jurisdictional constraints on courts regarding attorney fee requests.

Impact

This decision has critical implications for individuals and organizations seeking public records in Pennsylvania. It establishes a clear timeline for filing attorney fee petitions under the RTKL, which could deter some potential requesters from pursuing legal action if they are unaware of the strict deadlines. The ruling reinforces the necessity for requesters to be vigilant about filing timelines to avoid losing their right to claim attorney fees.

Moreover, the court's ruling may discourage agencies from delaying responses to RTKL requests, as the potential for incurring attorney fees could motivate them to comply more promptly. This could ultimately enhance transparency and accountability in government operations, as agencies may prioritize fulfilling public records requests to avoid legal challenges.

What’s Next

As a result of this ruling, Bochetto's petition for attorney fees has been dismissed. There is no indication that this case will be appealed further, but it sets a precedent for future cases involving RTKL requests and the associated timelines for filing fee petitions. Individuals and organizations seeking public records should take note of this ruling to ensure they adhere to the required filing deadlines in similar situations.