Bergdoll v. Commonwealth

858 A.2d 185, 2004 Pa. Commw. LEXIS 698
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 16, 2004
StatusPublished
Cited by14 cases

This text of 858 A.2d 185 (Bergdoll v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergdoll v. Commonwealth, 858 A.2d 185, 2004 Pa. Commw. LEXIS 698 (Pa. Ct. App. 2004).

Opinions

OPINION BY

Judge LEADBETTER.

John G. Bergdoll, Gerald C. Grimaud and Matthew R. Battersby (petitioners), all residents and practicing attorneys in Pennsylvania, filed the present petition for review in our original jurisdiction. They seek a declaration voiding amendments to Article I, Section 9 (Face to Face Amend[190]*190ment) and Article V, Section 10(c) (Judicial Administration Amendment) of the Pennsylvania Constitution passed by the electorate at the November 4, 2003 Municipal Election. The General Assembly filed preliminary objections challenging the jus-ticiability and the substantive merit, of the claims. In a separate filing, the Attorney General and the Secretary of the Commonwealth also filed a single preliminary objection generally demurring. In denying the petitioners’ request in October of 2003 for a preliminary injunction against counting the votes on the ballot questions submitted to the electorate, Judge Pellegrini, in his supporting opinion, well-described the facts as follows.

By Joint Resolutions 2002-1 and 2003-1, the General Assembly directed the Secretary to submit two ballot questions to Pennsylvania’s qualified electors in the November 4, 2003 Municipal Election seeking to -amend two provisions of the Pennsylvania Constitution. Both the House and the Senate voted to approve each amendment, and as required by Article XI, § 1, the Secretary published the same in two newspapers of each county.

The first ballot question, which relates to the rights of the accused in criminal prosecutions .under Article I, § 9 of the Pennsylvania Constitution, (Face to Face Amendment) reads, “Shall the Pennsylvania Constitution be amended to provide that a person accused of a crime has the right to be ‘confronted with the witnesses against him,’ instead of the right to ‘meet the witnesses face to face’?” As proposed, that provision would provide as follows:

In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to [meet the witnesses face to face] be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property unless by the judgment of his peers or the law of the land. The use of a suppressed voluntary admission or voluntary confession to impeach the credibility of a person may be permitted and shall not be construed as compelling a person to give evidence against himself.

(Underlined language inserted; bracketed language deleted). Accompanying the ballot question was the requisite “Plain English Statement of the Attorney General of Pennsylvania” (Face to Face Plain Statement). That statement reads:

This ballot question proposes to amend the provision of the Pennsylvania Constitution that gives persons accused of a crime the right to “meet the witnesses face to face.” The United States Constitution gives an accused person the right to “be confronted with the witnesses against him.” This ballot question would make the language of the Pennsylvania Constitution the same as the language of the United States Constitution.
The Pennsylvania Supreme Court has ruled that laws permitting children to testify in criminal proceedings outside the physical presence of the accused, by means such as videotaped deposition and closed-circuit television, violate the Pennsylvania Constitution because they deny accused persons the right to confront the witnesses against them “face to face.” In contrast, the United States Supreme Court has upheld such laws under the United' States Constitution, which guarantees accused persons the right to confront the witnesses against [191]*191them, but not necessarily the right to confront witnesses “face to face.”
The purpose of this ballot question is to remove from the Pennsylvania Constitution the right of accused persons to confront the witnesses against them “face to face,” so that the Pennsylvania General Assembly may enact laws or the Pennsylvania Supreme Court may adopt rules that permit children to testify in criminal proceedings outside the physical presence of the accused.
The Pennsylvania Constitution would continue to guarantee accused persons the right to confront the witnesses against them. This ballot question is limited in that it would remove from the Pennsylvania Constitution only the right to confront witnesses “face to face.”
The effect of this ballot question would be to remove from the Pennsylvania Constitution the right of accused persons to confront the witnesses against them “face to face” and to make the language of the Pennsylvania Constitution guaranteeing accused persons the right to confront the witnesses against them the same as the language of the United States Constitution.

The second ballot question, which relates to judicial administration under Article V, § 10(c) of the Pennsylvania Constitution, (Judicial Administration Amendment) reads, “Shall the Pennsylvania Constitution be amended to provide that the General Assembly may enact laws regarding the manner by which children may testify in criminal proceedings, including the use of videotaped depositions or testimony by closed-circuit television?” As proposed, that provision would provide as follows:

(c) The Supreme Court shall have the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of the peace and all officers serving process or enforcing orders, judgments or decrees of any court or justice of the peace, including the power to provide for assignment and reassignment of classes of actions or classes of appeals among the several courts as the needs of justice shall require, and for admission to the bar and to practice law, and the administration of all courts and supervision of all officers of the judicial branch, if such rules are consistent with this Constitution and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or justice of the peace, nor suspend nor alter any statute of limitation or repose. All laws shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions. Notwithstanding the provisions of this section, the General Assembly may by statute provide for the manner of testimony of child victims or child material witnesses in criminal proceedings, including the use of videotaped deposition or testimony by closed-circuit television.

(Underlined text to be inserted). Also accompanying this ballot question was the “Plain English Statement of the Attorney General of Pennsylvania” (Judicial Administration Plain Statement). That statement reads:

This ballot question proposes to amend the Pennsylvania Constitution to give the Pennsylvania General Assembly authority to enact laws regarding the way that children may testify in criminal proceedings, including the use of videotaped deposition or testimony by closed-circuit television.
The Pennsylvania Constitution gives the Pennsylvania Supreme Court, and only the Pennsylvania Supreme Court, [192]

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Bergdoll v. Commonwealth
858 A.2d 185 (Commonwealth Court of Pennsylvania, 2004)

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Bluebook (online)
858 A.2d 185, 2004 Pa. Commw. LEXIS 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergdoll-v-commonwealth-pacommwct-2004.