A judge has decided that attorney Norm Pattis doesn’t have to defend convicted state budget officer Konstantinos Diamantis at a second corruption trial because he hasn’t been fully paid for his defense at the first.
But Pattis agreed — after pointed suggestion by the court — to continue his defense of Diamantis anyway as an appointed federal public defender and at a fee substantially lower than what he could charge as private counsel.
The discussion over fees and representation late Thursday with U.S. District Judge Stefan Underhill seemed to clear up for the time being uncertainty over the succession of criminal charges faced by Diamantis, the now convicted deputy state budget director formerly responsible for distributing hundreds of millions of dollars with which the state subsidizes public school construction.
Diamantis was found guilty by a federal jury after a first trial in October of taking payoffs for steering school construction contracts. He is scheduled to be tried again — a tentative early May date was set Thursday — in a second case in which he is accused of taking about $100,000 in cash for using his influence in government to kill a Medicaid fraud investigation for a friend.
Diamantis is free on bond and his sentencing in the first case is on hold while he waits to find out what happens in the second.
The trial schedule was interrupted early in December when Pattis asked Underhill, the judge hearing both cases, to be allowed to withdraw from representing Diamantis in the second trial. In a filing with the court, Pattis said he was unwilling to prepare a defense in the second case because, after months of delay, Diamantis hadn’t paid him fully for the first.
Underhill referred the fee dispute to U.S. Magistrate Judge S. Dave Vatti for fact finding. Vatti issued a written decision Thursday evening for Pattis, finding that over a period of about 18 months, there is an unpaid balance of $65,000 on a retainer agreement specifying a flat fee of $250,000.
Underhill opened a telephone conference Thursday with Pattis and the federal prosecutors assigned to the second Diamantis case by referring to Vatti’s decision allowing Pattis to withdraw and adding, “I’m going to ask a couple of things.”
“I’m hopeful that you might stay in the case,” he told Pattis.
Underhill reminded Pattis that he has authority under the federal Criminal Justice Act to order him to continue to defend Diamantis as an appointed special federal public defender, a position that pays about $177 an hour.
Former state legislator Kosta Diamantis, right, and his attorney Norm Pattis exit U.S. District Court in Bridgeport on Feb. 28, 2025. (Photo by Shahrzad Rasekh / CT Mirror)
“I’m sure that CJA rates are much lower than your standard rates,” Underhill said. “But the guarantee of payment is pretty strong. And I think in light of your familiarity with this case and the defendant, it might make sense for you to remain in the case.”
Pattis agreed.
“I retain loyalty and affection for Mr. Diamantis and respect for the court,” he said. “So If you are asking me to remain as your officer, I’ll do so. I think my primary responsibility is to serve the courts and our clients. And I think the court’s primary responsibility is to assure that the clients get a fair trial. It is not convenient. But if you are asking I will do it”
“Very good,” Underhill said. “I appreciate it.”
In the decision that could have let Pattis out of the case, Vatti said the June 2024 retainer between Diamantis and Pattis covered only the defense in the school construction case. Although Diamantis was aware at the time of the FBI’s Medicaid investigation, it was not mentioned in the retainer which read in part:
“The Firm understands that people who seek its services are frequently not in the best financial circumstances so it endeavors to be patient and work with its client to a point. However, it asks that its clients keep in mind that we are a small firm and rely on our clients to pay its bill on a timely basis. Timely payment of fees is a material condition of this agreement.”
Vatti said Diamantis made an $80,000 payment on the day after signing the retainer and made an additional six payments totalling $105,000 between August 2024 and February 2025, leaving the $65,000 balance.
“Pattis repeatedly pressed Diamantis for payment of the balance owed, while emphasizing on multiple occasions the impact of non-payment upon his Firm, and Diamantis routinely promised that payment was imminent,” the decision said.