Flora v. Luzerne County

118 A.3d 385, 632 Pa. 145

• Court: Supreme Court of Pennsylvania
• Decided: June 30, 2015
• Docket: 952 MAL 2014 (Granted)
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 30th day of June, 2015, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioners, are:

(1) In a matter of first impression, do petitioners state a claim for constructive denial of counsel under the Sixth and Fourteenth Amendments to the United States Constitution, and Article 1, Section 9 of the Pennsylvania Constitution, based on chronic and systemic deficiencies in the operation of Luzerne County’s Office of the Public Defender that deprive them and the class they seek to represent of their right to effective assistance of counsel? See Pa. R.A.P. 1114(b)(3), (4).

(2) Do Petitioners state a claim of mandamus to compel Respondents to provide adequate funding for Luzerne County’s Office of the Public Defender, as required by the Commonwealth’s Public Defender Act, 16 Pa. Cons. Stat. §§ 9960.1-9960.13 (hereinafter the “Public Defender Act”)? See Pa. R.A.P. 1114(b)(2).