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ALLEGHENY COUNTY COMMISSIONERS v. TUCKER (02/20/73)

decided: February 20, 1973.

ALLEGHENY COUNTY COMMISSIONERS, ET AL.
v.
TUCKER



Original jurisdiction in case of Leonard C. Staisey, Thomas J. Foerster, William R. Hunt, M.D., Commissioners of the County of Allegheny and Ex Officio Members of the Board of County Elections of the County of Allegheny v. C. Delores Tucker, Secretary of the Commonwealth of Pennsylvania.

COUNSEL

Francis A. Barry, County Solicitor, with him William R. Caroselli, Assistant County Solicitor, for plaintiffs.

Israel Packel, Attorney General, with him Lawrence J. Beaser, Deputy Attorney General, for defendant.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt.

Author: Per Curiam

[ 7 Pa. Commw. Page 650]

Sections 3 and 4 of the Act of December 29, 1971, P.L. 630, 17 P.S. § 790.63 and § 790.64, provide:

Section 3:

"The Governor may appoint twenty-five competent persons learned in the law, as additional law judges of the court of common pleas of the first judicial district, four in the fifth judicial district, one in the sixth judicial district, two in the seventh judicial district, one in the eleventh judicial district, one in the fifteenth judicial district, one in the sixteenth judicial district, one in the nineteenth judicial district, one in the thirty-first judicial district, three in the thirty-second judicial district, one in the thirty-sixth judicial district, three

[ 7 Pa. Commw. Page 651]

    in the thirty-eighth judicial district, one in the fortieth judicial district, one in the forty-third judicial district and one in the forty-fifth judicial district, to serve until the first Monday of January, 1974.

" After January 1, 1973, the Governor may appoint four competent persons learned in the law as additional law judges of the court of common pleas of the fifth judicial district to serve until the first Monday in January, 1976."

Section 4:

"At the municipal election in November, 1975, the qualified electors of the fifth judicial district shall elect four competent persons learned in the law to serve as additional law judges of the court of common pleas of the fifth judicial district ...


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