Attorney Aaron Martin Secures Non-Prosecution Affidavit from Allegheny County District Attorney

Mette Law announced a significant legal victory after attorney Aaron Martin obtained a non-prosecution affidavit from the Allegheny County District Attorney, protecting a firm client from criminal charges arising under a Pennsylvania statute.

The affidavit was issued in response to a federal constitutional challenge filed by the firm, asserting that the law violated First Amendment protections. This matter highlights the firm’s strength in complex litigation involving constitutional challenges and high-stakes disputes against government entities.

Federal Lawsuit Challenged Pennsylvania Statute

Attorney Aaron Martin filed the lawsuit in September 2025 in the United States District Court for the Western District of Pennsylvania. The case challenged a provision of Pennsylvania’s Educator Discipline Act that imposes criminal penalties on individuals who publicly disclose, in their lawful possession, information concerning the Pennsylvania Department of Education’s handling of certain professional misconduct complaints.

Because the statute carried the threat of criminal prosecution, the firm’s client is identified in the case under the pseudonym Jane Doe.

District Attorney Commits to No Criminal Enforcement

In response to the lawsuit, Stephen A. Zappala Jr., District Attorney of Allegheny County, submitted an affidavit formally committing that neither he nor his office would pursue criminal enforcement against the plaintiff under the challenged statute.

In the affidavit, District Attorney Zappala stated that his office would not “bring an enforcement action, prosecute, or otherwise institute any criminal prosecution or sanctions” against the plaintiff pursuant to Section 17.2 (24 P.S. § 2070.17b) of the Educator Discipline Act in connection with the matters raised in the lawsuit.

Case Information

The matter is captioned Doe v. Zappala et al., U.S.D.C. No. 2:25-cv-01474 (W.D. Pa.).

Protecting Constitutional Rights Through Strategic Litigation

This outcome reflects Mette Law’s commitment to protecting constitutional rights and challenging statutes that unlawfully restrict protected speech. By securing a binding non-prosecution commitment from the District Attorney, the firm successfully shielded its client from criminal exposure while advancing important First Amendment principles.

Mette Law continues to represent individuals and organizations in complex constitutional, civil rights, and high-stakes litigation matters across Pennsylvania and beyond.