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SCOTT W. (TWO CASES). APPEAL SCOTT WILLS (07/15/76)

decided: July 15, 1976.

IN THE INTEREST OF SCOTT W. (TWO CASES). APPEAL OF SCOTT WILLS, A MINOR. APPEAL OF ATTORNEY GENERAL ROBERT P. KANE AND SUPERINTENDENT ERNEST S. PATTON


Appeals Nos. 1800 and 1801 October Term, 1976, from the Order of the Court of Common Pleas, Juvenile Division, of Bucks County, at No. 321 of 1976 and 322 of 1976; Bodley, Judge.

COUNSEL

Michael A. Klimpl, Asst. Public Defender, Doylestown, for appellant in No. 1800.

J. Andrew Smyser, Deputy Atty. Gen., Harrisburg, for appellant in No. 1801.

S. Harris, Warrington, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Price, J., files a dissenting opinion in which Watkins, President Judge, joins.

Author: Per Curiam

[ 241 Pa. Super. Page 171]

Case remanded to the court below for taking of testimony and a full hearing.

[ 241 Pa. Super. Page 172]

PRICE, Judge (dissenting).

I would affirm the commitment of the Court below and would do so for the very clear and excellent reasons advanced by Judge Bodley in his opinion. It is true that a great deal of that opinion advances a matter of philosophy and contains considerable editorial comment, however, they are views that I happen to share. Further, to me they are matters of great importance to the proper and orderly administration of the juvenile system in this Commonwealth.

This Court has quite recently spoken to this very problem in Commonwealth ex rel. Parker v. Patton, 225 Pa. Super. 217, 310 A.2d 414 (1973), and in Commonwealth ex rel. Peterson v. Patton, 230 Pa. Super. 6, 326 A.2d 444 (1974). To my view, nothing has occurred to alter what I consider to be the clear mandate of those decisions. This Court cannot be more explicit in a choice of words when it is said we direct authorities to provide separate facilities at Camp Hill.

It comes with poor grace for the Attorney General, contra to this Court's order, to direct the Camp Hill authorities to the contrary and to direct the refusal of admission to juveniles committed under this Court's mandate. To compound this direct refusal to comply with this order, the Attorney General autocratically asserts that he has standing to intervene in this appeal. This is the most amazing feat of pulling himself up by his own bootstraps that I have ever ...


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