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JAMES J. MCCANN v. COMMONWEALTH PENNSYLVANIA (02/15/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 15, 1983.

JAMES J. MCCANN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, ALEXANDER F. BARBIERI, COURT ADMINISTRATOR OF PENNSYLVANIA, R. BUDD DWYER, TREASURER OF PENNSYLVANIA, RESPONDENTS. ROBERT J. CONWAY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, ALEXANDER F. BARBIERI, JUSTICE, COURT ADMINISTRATOR OF PENNSYLVANIA AND R. BUDD DWYER, TREASURER OF PENNSYLVANIA, RESPONDENTS

Original jurisdiction in the case of James J. McCann v. Commonwealth of Pennsylvania, Alexander F. Barbieri, Court Administrator of Pennsylvania, R. Budd Dwyer, Treasurer of Pennsylvania; and in case of Robert J. Conway v. Commonwealth of Pennsylvania, Alexander F. Barbieri, Justice, Court Administrator of Pennsylvania and R. Budd Dwyer, Treasurer of Pennsylvania.

COUNSEL

Thomas A. Livingston, for petitioner, James J. McCann.

Marshall E. Anders, for petitioner, Robert J. Conway.

Charles W. Johns, with him Howland W. Abramson, for respondent Alexander F. Barbieri.

Vincent X. Yakowicz, for respondent, R. Budd Dwyer.

President Judge Crumlish, Jr., and Judges Rogers, Blatt, Craig and Doyle. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 72 Pa. Commw. Page 76]

The Honorable Robert J. Conway and James J. McCann filed separate petitions for review*fn1 seeking from the Honorable Alexander F. Barbieri*fn2 and R. Budd Dwyer*fn3 salary during periods of suspension from their respective benches. We transfer these actions to our Supreme Court under the provisions of 42 Pa. C.S. ยง 5103(a).*fn4

[ 72 Pa. Commw. Page 77]

Conway and McCann were indicted in separate instances for various offenses.*fn5 Both were suspended by the Supreme Court for violations of the Code of Judicial Conduct under that Court's exclusive constitutional authority over the disciplining of the Pennsylvania judiciary.*fn6 As we have stated previously in Reed v. Sloan, 25 Pa. Commonwealth Ct. 570, 360 A.2d 767 (1976), aff'd 475 Pa. 570, 381 A.2d 421 (1977), when the Code of Judicial Conduct is applicable, our Supreme Court has exclusive jurisdiction under Article V of the Constitution of Pennsylvania.

[ 72 Pa. Commw. Page 78]

The actions of Conway and McCann are simply thinly-veiled collateral attacks on orders of the Supreme Court. It is clear beyond reasonable doubt that we cannot review orders of our Supreme Court.

Order

The petitions for review of James J. McCann and Robert J. Conway are hereby transferred to the Pennsylvania Supreme Court for their proper adjudication.

Disposition

Cases transferred to Pennsylvania Supreme Court.


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