does not reveal that the Commonwealth acted in bad faith in opposing fees for CLS. Additionally, we note that the Act authorizing the award was not passed until October, 1976 and that plaintiffs first petitioned the Court for an award in July of 1978. In these circumstances, we decline to increase the lodestar on the ground of delay.
We will make an adjustment in recognition of the high quality of CLS' services. Lindy I, 487 F.2d at 168-69. We are cognizant of the admonition in Lindy II that "the quality of an attorney's work in general is a component of the reasonable hourly rate . . ." and that therefore a consideration of the quality necessarily inheres in the lodestar itself. Lindy II, 540 F.2d at 117. Here, however, the skill displayed by CLS significantly shortened the litigation and produced a result just to all. In limited but highly effective discovery, CLS obtained evidence that assured success. After a three week trial on the merits, CLS negotiated a consent decree that provided broad relief in favor of the plaintiff class. Moreover, the decree mandated continuous judicial supervision of defendants' actions, thereby ensuring plaintiffs that they would actually obtain the entitled relief. Equally important, CLS secured compensatory agreements for the individual plaintiffs, again saving many additional hours of litigation. We will increase the lodestar by 20% to reward CLS for the excellent quality of its services.
Finally, we will evaluate the fee to be awarded in light of the important substantive purposes of the Civil Rights Acts. See Hughes v. Repko, 578 F.2d at 492. Preliminarily, we observe that the legal theory advanced by plaintiffs was hardly novel. Their claims were founded upon established fourteenth amendment and statutory rights. This fact, however, in no way diminishes the contribution of the action to the purposes of the Civil Rights Acts. Indeed, it would be anomalous to reason that the elimination of a persistent violation of recognized constitutional rights is of less value than the elimination of a theretofore unacknowledged constitutional right. See generally, Hughes v. Repko, 578 F.2d at 491 (concurrence of Garth, J.).
In a statewide desegregation action of this magnitude, there are tangible benefits flowing directly to the citizenry of the Commonwealth. Before Bolden, racial discrimination in the Pennsylvania State Police was pervasive and flagrant. It was so entrenched that the Governor of the Commonwealth conceded he could not eliminate it and he had failed in the attempt. As a consequence of Bolden, minorities have access to employment in the Pennsylvania State Police on a nondiscriminatory basis, and the citizens of Pennsylvania will have a representative law enforcement agency that is not tainted by constitutional illegality. These factors justify an increase in the lodestar to reflect the importance of this action to the cause of civil rights. In light of these considerations, we will adjust the lodestar upward by 30%.
Since the work performed on the fee petition was "incurred apart from the prosecution of the main case," we will not apply the adjustments to it. See Baughman, 583 F.2d 1208 at 1219. We will also factor out the amount awarded for the services of Stuart Wilder, the law student intern. Accordingly, the lodestar to which we apply the adjustment is $ 88,450.00 ($ 107,747.50 minus the fee lodestar, $ 12,612.50, and the Wilder Lodestar, $ 6,685.00). The amount of the adjustment is $ 44,225.00. The total award for attorneys' fees is thus $ 151,972.50 ($ 88,450.00 plus $ 44,225.00 plus $ 12,612.50 plus $ 6,685.00).
Defendants concede that plaintiffs should recover reproduction, transcription and other costs totalling $ 1,920.70. See Fed.R.Civ.P. 54(d); 28 U.S.C. §§ 1920, 1923. They argue, however, that the compensation to be allowed for plaintiffs' statistical expert, Dr. Bernard Siskin, should be that allowed for any other witness under 28 U.S.C. § 1821.
Because Dr. Siskin's testimony was helpful to the Court and played an important role in the ultimate resolution of the issues, we believe it equitable to allow CLS to recover his $ 1,200 fee as a cost. See Commonwealth of Pennsylvania v. O'Neill, 431 F. Supp. 700, 713-14 (E.D.Pa.1977).