Press

Cases involving the Pennsylvania Attorney General’s Office have largely ground to a halt in Philadelphia after the office’s computer system was knocked offline in a cyberattack last month. While some attorneys in the city are saying the attack is a cause for concern, most who spoke with Law.com are saying the delays have had minimal impacts on their cases.

“Fortunately, no detrimental interruptions yet, but at least one case has been affected,” Riley H. Ross III of Mincey Fitzpatrick Ross said. “We had a brief stay notice in our case against a Pennsylvania state trooper. Our clients are Darius McLean and Celena Morrison-McLean (who used to work for Mayor Cherelle Parker), involving a publicized assault that happened during a traffic stop. Not sure how much [effect] the stay will have on the case, as it is a brief stay.”

Others who spoke with Law.com offered similar sentiments, saying their caseloads have not been significantly impacted. But, some also said the hack was a cause for concern.

Attorney Michael J. Diamondstein expressed the fear and uncertainty that accompanies such anelectronic assault upon the top law agency in the Commonwealth.

“It’s very scary. Either nobody is safe because hackers were able to get into the highest law enforcement agency of the Commonwealth of Pennsylvania, or the highest law enforcement agency of the Commonwealth of Pennsylvania was derelict in their internet security,” Diamondstein said.

In a press release issued Friday, the Attorney General’s Office confirmed publicly that “an outsider” had interrupted the office’s computer network by “encrypting files in an effort to force the Office to make a payment to restore operations.” The office said no such payment was made, and that, due to an active and ongoing investigation in coordination with other agencies, it was not able toprovide more detailed information.

In an Aug. 12 letter to the Philadelphia County Court of Common Pleas, the office stated that its computer network had been down since the previous day, leaving it “unable to access any litigation data, which prevents our attorneys from contacting witnesses, timely responding to pleadings, conducting discovery, or otherwise proceeding with litigation.” The letter added that information technology staff were “working diligently to identify and resolve the problem, but we are unable to access our computer systems for the foreseeable future.”

The office further requested in its letter that all cases in which one of its attorneys “had entered an appearance be stayed and placed into deferred status for at least 30 days, unless the Office of Attorney General notifies the Court sooner that its network has been restored.”

As a result, Administrative Judge of the First Judicial District Daniel Anders promptly granted the requested stay, which is in effect until Sept. 12, or until the office notifies the court that access to its computer network has been fully restored. The move puts a pause on almost 200 pending cases.

The office also requested a temporary stay of all criminal matters being litigated under Pennsylvania’s Post-Conviction Relief Act, which Anders likewise granted, and thus paused that particular group of cases until Sept. 21, or until the office has restored its computer network access.

In last week’s press release, the office explained that efforts to restore that access continue and progress has been made.

“The majority of Office of Attorney General staff now have access to email and are using it to communicate with constituents and stakeholders. Additionally, the main office phone line and the website are online. Overall, Office of Attorney General staff—approximately 1,200 people stationedat 17 home offices across the Commonwealth—are performing their daily duties, albeit parts oftheir work is being done via alternate channels and methods. Our work to restore full operations continues. We are also working to help other agencies avoid a similar scenario,” the office said in its statement.

The office added, “We do not expect—based on what the investigation has revealed so far—that any criminal prosecutions or investigations or civil proceedings will be negatively impacted solely due to the outside interruption. Attorneys have been going to court and agents have been performing investigative tasks over the past three weeks, including multiple public safety initiatives for which we expect to make public announcements in the near future.”

Attorney General Dave Sunday praised the Office’s response to the electronic threat.

“This situation has certainly tested OAG staff and prompted some modifications to our typical routines—however, we are committed to our duty and mission to protect and represent Pennsylvanians, and are confident that mission is being fulfilled. You can judge the character of an organization by how it reacts to adversity. I am very proud of our staff who continue to work and find ways to overcome these unexpected hurdles to fulfill our duty to the Commonwealth,” Sunday said.