In re Crime Commission's Subpoena Enforcement Petition

2 Pa. Commw. 650, 1971 Pa. Commw. LEXIS 500
CourtCommonwealth Court of Pennsylvania
DecidedAugust 10, 1971
DocketNos. 402 C. D. 1971, 403 C.D. 1971, 404 C.D. 1971 and 405 C.D. 1971
StatusPublished
Cited by8 cases

This text of 2 Pa. Commw. 650 (In re Crime Commission's Subpoena Enforcement Petition) 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
In re Crime Commission's Subpoena Enforcement Petition, 2 Pa. Commw. 650, 1971 Pa. Commw. LEXIS 500 (Pa. Ct. App. 1971).

Opinion

Per Curiam

Opinion,

The Pennsylvania Crime Commission, presently engaged in an investigation of organized crime and other criminal activity in the Philadelphia area, particularly involving the infiltration of business enterprises, issued and effected personal service of subpoenas against the four respondents in these consolidated proceedings.1 All respondents appeared at the appointed time and place in Philadelphia but respondents Grasso, Molinari and [652]*652Puppo refused to be sworn or to answer any questions. DePhillipo was sworn and did testify, resting on his privilege against self-incrimination in refusing to answer any question except as to his name and address. He also refused to produce the records of the business enterprises which were the subject of a subpoena duces tecum on the grounds that their production might tend to incriminate him.

This conduct upon the part of the several respondents prompted the Commission to seek judicial aid in enforcement of the subpoenas. Accordingly, the Commission filed in this Court separate petitions against each of the respondents for the issuance of rules to show cause why the respondents after hearing should not be ordered to testify and/or produce records as identified in the subpoena duces tecum previously served. A rule was issued returnable on June 16, 1971, at which time it was ordered that hearing on the petition and any answer thereto would also be held. Certified copies of the petition and order of court were personally served upon each of the respondents.

Prior to the return date of the rule and the hearing date, respondents Grasso, Molinari and Puppo filed preliminary objections questioning (1) the jurisdiction (venue) of the Commonwealth Court over the subject matter and (2) its jurisdiction over the person of each respondent for want of service of “original process.”2

After argument on the preliminary objections heard by a three judge panel, orders were entered dismissing the objections, the Court being of the opinion that it [653]*653enjoyed concurrent jurisdiction over the subject matter and jurisdiction over the person of each respondent. Appeals from these orders were promptly taken to the Supreme Court of Pennsylvania. As mandated by its Rule 63, there follows a statement of the reasons for the entry of the orders from which these appeals have been taken.

Jurisdiction of the Commonwealth Court Over the Subject Matter

By the Act of July 31, 1968, P. L. , Act No. 235, The Administrative Code of 19293 was variously amended creating the Pennsylvania Crime Commission as a departmental commission within the Department of Justice. Among the powers and duties conferred and imposed upon it by Section 3 of that act (71 P.S. §307-7) is the power to: “. . . require the attendance and testimony of witnesses and the production of documentary evidence relative to any investigation which the commission may conduct in accordance with the powers given it. Such subpoenas shall be signed by the chairman, the executive director and two commissioners and shall be served by any person authorized to serve subpoenas under the laws of the Commonwealth.”

This same section further provides: “Upon failure of any person, so ordered to testify or to produce evidence, the commission may invoke the aid of any court of common pleas of the county wherein the person is summoned to appear or the county wherein the person is served with a subpoena.” (Emphasis added.)

Another section of The Administrative Code of 1929 (Section 520, 71 P.S. §200), generally empowers boards and commissions of the Commonwealth to issue subpoenas and provides for their judicial enforcement:

[654]*654“Every administrative department, every independent administrative board and commission, every departmental administrative board and commission, every advisory board and commission, and the several workmen’s compensation referees, shall have the power to issue subpoenas, requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before such department, board, commission, or officer, and to examine such witnesses, books, and papers.

“Any witness, who refuses to obey a subpoena issued hereunder, or who refuses to be sworn or affirmed, or to testify, or who is guilty of any contempt after summons to appear, may be punished for contempt of court, and, for this purpose, an application may be made to any court of common pleas within whose territorial jurisdiction the offense was committed, for which purpose, such court is hereby given jurisdiction.”

Respondents contend these statutory provisions control and that jurisdiction for judicial enforcement of the Commission’s subpoena power can be found only in the appropriate court of common pleas; in these eases, either that of Philadelphia where respondents were summoned to appear, or the county in which they were served.

The Commission, however, contends that the Appellate Court Jurisdiction Act4 (ACJA) confers upon the Commonwealth Court concurrent jurisdiction in the enforcement of its subpoena powers. We agree.

Section 401 of the ACJA confers upon the Commonwealth Court original jurisdiction in “[a] 11 civil actions or proceedings by the Commonwealth5 or any officer [655]*655thereof, acting in his official capacity . . with one exception not here relevant, and further provides that such jurisdiction shall be concurrent with that of the several courts of common pleas.

In our opinion, the legislative intent to confer upon the Commonwealth Court concurrent original jurisdiction over the subject matter of these proceedings is clear and unambiguous.

The ACJA postdates by several years the legislation creating the Pennsylvania Crime Commission, and by four decades the provisions of The Administrative Code of 1929 relating generally to the enforcement of the subpoena powers of Commonwealth boards and commissions.

The Judiciary Article (Article Y) of the Constitution of Pennsylvania of 1968 created the Commonwealth Court as a State-wide court with subject matter jurisdiction to be as provided by law. The first implementation of this provision and the Schedule to Article Y was The Commonwealth Court Act of January 6, 1970, P. L. , Act No. 185 (1969), 17 P.S. §211.1 et seq. As to subject matter jurisdiction, this initial implementation was essentially designed to transfer to the new Commonwealth Court the State-wide jurisdiction theretofore enjoyed by the Dauphin County Court with respect to State agencies under the Act of April 7, 1870 and a host of statutes upon particular subjects. Section 8(e)(3) of The Commonwealth Court Act, however, specifically excluded from the court’s jurisdiction “[a]ny action or proceeding involving the . . . enforcement of any act of Assembly which expressly vests jurisdiction in the courts of common pleas generally. . .

The second implementation of these constitutional provisions — the ACJA — contains no such exclusionary language but sets forth the broad, clear and unambiguous language quoted above with respect to the orig[656]*656inal concurrent jurisdiction of this Court with that of courts of common pleas in matters involving the Commonwealth.

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Cite This Page — Counsel Stack

Bluebook (online)
2 Pa. Commw. 650, 1971 Pa. Commw. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crime-commissions-subpoena-enforcement-petition-pacommwct-1971.