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MATTER PETITION PENNSYLVANIA BAR ASSOCIATION AND FRANK B. BOYLE (05/27/83)

decided: May 27, 1983.

IN THE MATTER OF PETITION OF THE PENNSYLVANIA BAR ASSOCIATION AND FRANK B. BOYLE


NO. 82 E.D. Misc. Dkt. 1983, Petition to Assume Jurisdiction over Proceedings Relating to Charges of Judicial Misconduct

COUNSEL

Richard E. McDevitt, Executive Director, JIRB, Richard A. Sprague, Marvin Comisky, Philadelphia, LeRoy S. Zimmerman, Atty. Gen., Harrisburg, for respondents.

John G. Harkins, Jr., Lloyd R. Ziff, Thomas E. Zemaitis, Pepper, Hamilton & Scheetz, Philadelphia, for petitioner; Bernard M. Borish, Philadelphia, Andrew N. Farley, Pittsburgh, Joseph E. Gallagher, Scranton, Carl E. Glock, Jr., Pittsburgh, Herbert J. Johnson, Jr., Erie, Charles C. Keller, Washington, Robert M. Landis, Philadelphia, Robert M. Mundheim, Philadelphia, Raymond Pearlstine, Norristown, Judd N. Poffinberger, Pittsburgh, Henry T. Reath, Philadelphia, George M. Weiss, Pittsburgh, of counsel.

George H. Williams, Executive Vice President, Am.Judicature Soc., Chicago, Ill., John W. Eckman, Brother Patrick Ellis, Walter A. Spiro, Co-Chairman, Greater Phila. Ptshp. Philadelphia, for amicus curiae.

Roberts, C.j., Nix, Flaherty, McDermott, Hutchinson, and Zappala, JJ. Larsen, J., did not participate in the consideration or decision of this matter. McDermott, J., files a concurring opinion. Hutchinson, J., files a concurring opinion. Nix, J., would grant Application to Establish a Briefing Schedule and for Oral Argument on the Petition to Assume Jurisdiction over Proceedings Relating to Charges of Judicial Misconduct.

Author: Per Curiam

[ 501 Pa. Page 128]

ORDER

The petition to assume jurisdiction is denied for the reasons set forth in The First Amendment Coalition, et al. v. Judicial Inquiry and Review Board, No. 76 E.D.Misc.Dkt. 1983, filed this day (copy attached).

McDERMOTT, Justice, concurring.

While I may well agree with the majority that the Constitution mandates confidentiality I would, none the less, grant the petition, have the issue fully briefed and hear Argument.

HUTCHINSON, Justice, concurring.

Although I fully understand the concerns that lead a minority of this Court to believe action on this matter should be deferred until after briefing and argument, nevertheless, the words of our Constitution so plainly deprive this Court of jurisdiction to entertain the subject matter of the petition that I believe it must be summarily dismissed.

Furthermore, all the policy concerns and extraordinary circumstances set forth in the petition as reasons for us to ignore the Pennsylvania Constitution are fully addressed for those who will trouble to read it in Mosk v. Superior Court of Los Angeles County, 25 Cal.3d 474, 159 Cal.Rptr. 494, 601 P.2d 1030 (1979). That case involved an interpretation of the confidentiality provisions of the California Constitution containing ...


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