The federal judge presiding over the sexual harassment lawsuit against Schuylkill County Commissioner George F. Halcovage Jr. has reprimanded him for divulging details of testimony despite being ordered not to.

U.S. District Court Judge Martin C. Carlson on Monday handed down his ruling on the plaintiffs’ request for sanctions against Halcovage.

In his six-point ruling, Carlson first ordered Halcovage to read and confirm that he understands “all of this court’s orders governing this litigation.”

Second, with respect to the direct or indirect disclosure of confidential discovery materials, including depositions, Halcovage is instructed, consistent with the plain meaning of the word contents, that any disclosure of the gist, substance, or facts set forth in discovery materials deemed confidential constitutes a disclosure and may only take place as authorized by the court.

Third, Halcovage is “admonished that it is not a defense to a claim of improper disclosure to assert that he did not explicitly reference the discovery materials when making the disclosure.”

Fourth, Halcovage is advised that he should “always err on the side of treating material as confidential as this litigation proceeds forward.”

Fifth, if Halcovage has “any doubts or questions regarding whether a specific third-party disclosure is appropriate, he must first discuss that proposed disclosure with his counsel before making any disclosure.”

Sixth, if upon consultation with counsel “questions remain regarding whether a particular disclosure is authorized, that matter shall be brought to the court’s attention before any disclosure.”

Carlson gave Halcovage until April 17 to sign and file a document indicating that he “understands and has agreed to comply with all court orders in this case.”

“Halcovage must further acknowledge that failures to comply with our orders may result in additional sanctions,” Carlson wrote in his 17-page ruling.

“Moreover, in order to avoid any further recurrence of this conduct pending completion of the steps outlined above, Halcovage may not have access to any confidential discovery materials, nor may he attend depositions until after he has filed the attestation form directed by the court.”

If Halcovage still has questions that prevent his signing the document, he’ll have to appear before the judge in person to resolve them.

Violation

Catherine W. Smith, Philadelphia, the lawyer for four women who filed the sexual harassment suit in March 2021, asked for the sanctions after learning that Halcovage on Jan. 20 violated Carlson’s Nov. 12, 2021 discovery confidentially order by telling a former county employee details of one of the women’s testimony during a deposition, and identifying one of the women.

Halcovage violated the order, commonly known as a “gag order,” when he approached the former employee and discussed the contents of a deposition.

Halcovage allegedly further disclosed the identity of one of the women, who are all identified in the lawsuit only as Jane Doe 1, 2, 3, and 4.

The former employee is employed by a company that does business with the county, and declined to testify as to the gag order violation because he worried it would hurt the company’s standing with the county.

Smith argued that Halcovage violated the gag order despite “numerous restrictions concerning access to this information,” and “after almost two years of constant reminders about the confidential nature of the (women’s)’ names and the content of depositions.”

She also argued that the disclosures were intentional.

Halcovage would have had no reason to approach the person, who was last employed by the county in January 2013, she wrote.

Further, Smith wrote, Halcovage “doubled down with additional false state

The women’s lawsuit contends Halcovage sexually harassed them beginning from when he was first elected in 2012.

Another part of the suit, added in October 2021, alleges the women were retaliated against for bringing the initial suit. They argue Halcovage and other county officials demoted them, tried to fire them, and suspended them from their jobs without pay.

Two of them have been suspended without pay since September.

Halcovage has denied the accusations.

The county in June 2020, after an internal investigation by the Human Resources Department, determined that Halcovage violated county polices, on sexual harassment, and physical and verbal abuse.

Had he been an employee instead of an elected official, the report said, he would have been fired.