Jul 17, 2013 3 min read

Register of Wills Mary Jo Poknis appears once a year before the Washington County board of commissioners at an annual ritual just after New Year’s Day, when she, like other elected officials, makes a brief motion that the salary board retain and pay the employees of her row office.

But Wednesday, because of a federal lawsuit over gay marriage in Pennsylvania, Poknis arrived at the commissioners’ agenda-setting meeting for the first time to discuss, in a closed session, who will represent her in the action filed by two South Fayette Township women who are challenging Pennsylvania’s marriage ban regarding same-sex couples.

Deb and Susan Whitewood, who were denied a marriage license June 24, want theirs to be a test case. Without any rancor, Poknis, who said she could not grant them the document they were seeking, is named as a defendant in the federal case.

Accompanying Poknis to the agenda meeting was her solicitor, Frank Roney, who does not practice in federal court.

The Whitewoods told the Observer-Reporter earlier this month that they came to the Washington County Courthouse because it was simply easier to drive to Washington than to Pittsburgh. A marriage license, when obtained by a heterosexual couple, can be used in any Pennsylvania county within 60 days of issuance.

“Why me, out of 67 counties?” Poknis asked during the public session of the agenda meeting. “I wish they could have gone to Allegheny, Greene or Westmoreland.”

After a closed session to discuss litigation, among other topics, commission Chairman Larry Maggi said the county has contacted attorney Robert J. Grimm of the law firm of Swartz Campbell, Pittsburgh, to represent Poknis.

The commissioners are prepared to hire Grimm on Thursday at a rate of $115 per hour, the same rate in which Washington County taxpayers have been paying in the reassessment case.

“We have 21 days to answer the complaint,” Maggi said. “We are in the process of doing that. Obviously we will not let Mary Jo, our register of wills, hang out there without due representation.

“We’re going to see where it’s going. My guess is that the governor’s office will pick this up. Washington County is just an easier and friendlier place to do business, as they said. There’s no acrimony. This is an issue with a lot bigger stage to be played on than Washington County.”

Earlier this month, Pennsylvania Attorney General Kathleen Kane said she will not defend a 17-year-old state law in the challenge filed by the Whitewoods and other gay couples.