Judge rejects Philly Sheriff Rochelle Bilal’s last-minute attempt to avoid court testimony
Bilal argued that she shouldn't have to testify at Wednesday's court hearing because sheriff sales are "not within her unique personal knowledge." The judge rejected her motion.
Philadelphia Sheriff Rochelle Bilal made an unsuccessful, last-ditch attempt to avoid facing a city judge about major problems in her office, arguing through an attorney that she has “limited personal knowledge” of the real estate transactions she oversees.
Jonathan Rardin, a lawyer the city retained to represent Bilal, wrote in a motion filed Friday afternoon that the embattled sheriff shouldn’t have to testify before Common Pleas Judge Paula Patrick at Wednesday’s hearing on sheriff sales because it would involve “matters outside her unique personal knowledge.”
On Tuesday morning, Judge Patrick rejected Bilal’s request for a protective order to shield her from testifying, writing that “Bilal and any other relevant parties shall appear” on Wednesday morning and “be expected to testify if necessary.”
Judge Patrick, supervisor of the court’s commerce division, scheduled the hearing in May, as winning bidders at sheriff sales continued to flood the courts with petitions seeking their deeds. As The Inquirer first reported in July 2024, Bilal’s office had not been issuing the deeds for a year or more after the auctions, leaving neglected homes unable to be renovated, rented or resold.
» READ MORE: After six years of chaos in Philly Sheriff's Office, Rochelle Bilal must answer to judges
An attorney who represents real estate investors recently filed a lawsuit arguing that Bilal had breached the terms of a 2003 consent order requiring the office to issue deeds within 40 days of settlement. Patrick responded by ordering Bilal’s office to demonstrate at a public hearing that they were not in violation of the decree.
Wednesday’s hearing will help decide whether Patrick will appoint a “special master,” title agent, or some other third party expert in real estate to administer sheriff sales in Philadelphia — arguably the most important function of Bilal’s office.
Bilal’s lawyer had already successfully pushed back the hearing, which was originally set for July 27, by arguing the sheriff had an unavoidable scheduling conflict due to “a previously scheduled vacation.” That request to delay the hearing did not mention that Bilal hoped to completely avoid testifying, and at the time, Rardin wrote that her “presence in this matter is necessary.”
Yet last week’s motion instead argued that the sheriff’s knowledge is “limited to the information provided to her by her staff” and she should not have to personally testify at all.
“Requiring Sheriff Bilal to appear and testify regarding events and administrative practices that are not within her unique personal knowledge would impose an unreasonable burden and oppression” under the state’s rules of civil procedure “and would divert a high public official from the discharge of her official duties … ” Rardin wrote.
Daniel Bernheim, the lawyer for a property group whose March lawsuit triggered Judge Patrick’s court order, said on Monday evening that Bilal’s attempt to avoid testimony was a “disappointing response by an elected official.” On Tuesday, Bernheim — himself an elected commissioner in Lower Merion Township — filed a response to her motion that sought to force Bilal to testify in court.
“[T]he sheriff seeks to avoid answering questions based upon a series of cases which have no relevance whatsoever with the present proceedings and a claim of immunity from testifying which does not exist,” Bernheim wrote.
In April, Bilal claimed at a City Council budget hearing that most post-auction delays had been resolved. She blamed any ongoing delays in issuing deeds on buyers who didn’t submit required forms or fees.
But after Patrick filed her court order in May, Bilal’s office within 48 hours processed 277 deeds, some attached to auctions that took place more than a year ago. The office filed more paperwork in two days than it had in the prior three months.
The Inquirer’s journalism is supported, in part, by the Lenfest Institute for Journalism and readers like you. News and editorial content are created independently of The Inquirer’s donors. Gifts to support The Inquirer’s high-impact journalism can be made at inquirer.com/donate. A list of Lenfest Institute donors can be found at lenfestinstitute.org/supporters.
