In re Act 147 of 1990

598 A.2d 985, 528 Pa. 460, 1991 Pa. LEXIS 236
CourtSupreme Court of Pennsylvania
DecidedNovember 6, 1991
DocketNo. 229 E.D.Misc.Docket 1990
StatusPublished
Cited by30 cases

This text of 598 A.2d 985 (In re Act 147 of 1990) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Act 147 of 1990, 598 A.2d 985, 528 Pa. 460, 1991 Pa. LEXIS 236 (Pa. 1991).

Opinion

OPINION OF THE COURT

PAPADAKOS, Justice.

This case involves the status of constables and deputy constables in our governmental system. Nancy M. Sobolevitch, Court Administrator of Pennsylvania, invokes this Court’s original jurisdiction pursuant to Article V, sections 2 and 10 of the Pennsylvania Constitution (involving separation of powers), and 42 Pa.C.S. § 721(3) (involving quo warranto),1 to seek a declaratory judgment challenging Act 147 recently enacted by our Legislature and affecting the status of constables and deputy constables. For the [462]*462reasons set forth below, we must declare Act 147 to be invalid and unenforceable.

On November 19, 1990, Senate Bill 988, entitled “An Act Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, Further Providing for the Jurisdiction of the Philadelphia Municipal Court; and Adding Provisions Relating to Constables,” passed the General Assembly. On November 29, 1990, the Governor of Pennsylvania signed the legislation into law as Act 147 of 1990, with the Act taking effect in sixty days.

Act 147 provides for the supervision, training and certification of constables and deputy constables engaged in “judicial duties” by this Supreme Court through our Administrative Office of Pennsylvania Courts, with a surcharge of $2.00 on each fee payable for the performance of judicial duties by constables and deputy constables as the funding mechanism for the program of training and certification. The Act further provides for mandatory decertification and discretionary disciplining of constables and deputy constables through the President Judges of the Courts of Common Pleas.

Act 147 also provides, in a nonseverable provision, that constables and deputy constables “shall enjoy all the rights and privileges accorded to constables by ... the Public Official and Employee Ethics Law,” which provision appears to attempt to restrain this Court from imposing any limitation on the political activities of constables and deputy constables, despite the extensive supervisory and disciplinary duties over constables and deputy constables imposed on the court system by the Act.

In light of these legislatively-mandated restrictions on this Court for power to supervise personnel who, by operation of Act 147, come directly under this Court’s administrative authority, the Court Administrator of Pennsylvania has brought a petition seeking a declaratory judgment as to the constitutionality and validity of Act 147 of 1990, 42 Pa.C.S. § 2941, et seq., in whole or in part.

[463]*463Section 5 of Act 147 provided that “(t)his act shall take effect in 60 days.” At that time, constables and deputy constables were required to begin collecting the surcharge required under the Act, the Minor Judiciary Education Board was obligated to make provision for the necessary education and training courses, and the Administrative Office of Pennsylvania Courts was obligated to determine how the Act is to be implemented in light of our Political Activity Prohibition Order and related considerations. The Court Administrator of Pennsylvania therefore sought a stay of the effective date of the operation of the Act, pending the outcome of this declaratory judgment action. On January 18, 1991, this Court granted the Court Administrator’s motion to stay.

A constable is an elected official authorized to appoint deputy constables. 13 P.S. § 1, et seq. A constable is an independent contractor and is not an employee of the Commonwealth, the judiciary, the township, or the county in which he works. Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983). In Rosenwald, a constable, who had been sued by a property owner for alleged libel and negligent infliction of emotional distress in connection with the posting of property, brought a legal action seeking a declaration that he was entitled to legal representation in the action by at least one of a number of respondents including: the President Judge of the Montgomery County Court of Common Pleas, the District Justice of Montgomery County, the Attorney General of Pennsylvania, Cheltenham Township and the Court Administrator of Pennsylvania.

This Court held that constables were neither acting for nor under the control of the Commonwealth and that, therefore, they could not be considered to be employees of the Commonwealth. Rosenwald, 501 Pa. at 569, 462 A.2d at 647. Thus, this Court determined that the Attorney General was not responsible for providing legal counsel to constables. Likewise, this Court determined that a constable was not an employee of the township under the Judicial Code, 42 Pa.C.S. §§ 8547 and 8548. Rosenwald, [464]*464501 Pa. at 570-71, 462 A.2d at 647-48. This Court also found no legal duty on the part of the President Judge and the District Justice to provide legal representation. Rosenwald, 501 Pa. at 568, 462 A.2d at 646.

With respect to the constable’s claim against the Court Administrator, this Court held that the Administrator was not obligated to provide legal representation to the constable based upon the Rules of Judicial Administration. The plaintiff in Rosenwald claimed that under Rule of Judicial Administration 505, he was entitled to legal representation by the Court Administrator. However, this Court held that the constable was not entitled to representation by the Court Administrator because constables do not fall within the definition of “personnel of the system.”

Rule of Judicial Administration 102 defines “personnel of the system” as “judges and other judicial officers, their personal staff, the administrative staff of courts and justices of the peace, and the staff of the administrative office and other central staff.” Rule of Judicial Administration 102 defines “related staff” as “all individuals employed at public expense who serve the unified judicial system, that the term does not include personnel of the system.” The Rule further defines “system and related personnel” as “personnel of the system and related staff. The term includes district attorneys, public defenders, sheriffs and other officers serving process or enforcing orders....” (Emphasis added). On the basis of these definitions, this Court held that:

the term “related staff” covers those whose function aids the judicial process but who are not supervised by the courts. These definitions, clearly distinguish between “personnel of the system” and “related staff.” Under the definitions, we find that plaintiff [constable] is included in “related staff” and not “personnel of the system.” As we find that a constable is by definition included in the related staff, we conclude that constables are not by definition “personnel of the system,” which would permit [465]*465representation as set forth under Rule 505 of Judicial Administration.

Rosenwald, 501 Pa. at 569-70, 462 A.2d at 647.

Thus, in defining the relationship of constables to the Unified Judicial System, this Court found that constables were related staff who aid the judicial process but who are not supervised by the courts. Prior to Act 147, constables might be said to orbit the Unified Judicial System, although at some distance from the system’s center, as related staff who aid the judicial process but who are not directly supervised by the courts.

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Bluebook (online)
598 A.2d 985, 528 Pa. 460, 1991 Pa. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-act-147-of-1990-pa-1991.