Lincoln Party ex rel. Robinson v. General Assembly

682 A.2d 1326, 1996 Pa. Commw. LEXIS 377
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 10, 1996
StatusPublished
Cited by17 cases

This text of 682 A.2d 1326 (Lincoln Party ex rel. Robinson v. General Assembly) 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
Lincoln Party ex rel. Robinson v. General Assembly, 682 A.2d 1326, 1996 Pa. Commw. LEXIS 377 (Pa. Ct. App. 1996).

Opinion

DOYLE, Judge.

On November 3, 1995, the Lincoln Party, an Unincorporated Association, “by Gary Robinson as Trustee Ad Litem,” filed a petition for review with this Court in our original jurisdiction seeking to delay the November 7, 1995 plebiscite on a proposed constitutional amendment to Article I, Section 9 of the Pennsylvania Constitution.

The Respondents in the suit are the Attorney General “and the appointed or hired staffs and employees that [sic] had any involvement in this proposed amendment,” the General Assembly, that is, the members of the Senate and the House of Representatives (past and present) “and their appointed or hired staffs and employees that [sic] had any involvement in this proposed amendment.”1

The Lincoln Party sought to delay the November 7, 1995 vote on the proposed constitutional amendment until the November 5, 1996 general election, so that the General Assembly could adequately inform the public of the effects of the proposed amendment.2 The proposed constitutional amendment is as follows, with brackets, indicating the language proposed to be deleted, and underscoring, indicating the language proposed to be added:

§ 9. Rights of accused in criminal prosecutions
In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of [1329]*1329the 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 this vicinage— Notwithstanding the provisions of this section, the General Assembly may by statute provide far the manner of testimony of child victims or child material witnesses in criminal proceedings, including the use of videotaped depositions or testimony by closed-circuit television.

Article I, Section 9 of the Pennsylvania Constitution; see 25 Pa. B. 3090 (1995).

In essence, the underlying impetus for the proposed amendment was twofold. The first purpose was to modify the Pennsylvania Constitution to more closely mirror the Sixth Amendment of the United States Constitution, which provides that an accused person shall have the right to “be confronted with the witnesses against him”; thus, with the change in the Pennsylvania Constitution, Pennsylvania tribunals would cease granting more protection than that which is conferred by the United States Constitution.3 The second purpose of the amendment was to grant authorization to the General Assembly to enact legislation to permit children testifying in criminal proceedings to do so through alternative methods, such as, but not limited to, videotape or closed-circuit television so that children could be spared the anxiety associated with facing an accused, especially where the child witness is a victim of the criminal activity. See 25 Pa. B. 8090 (1995). This suit, having been filed on the Friday immediately preceding the Tuesday, November 7, 1995 election, of course, was not filed in sufficient time to halt the plebiscite. Accordingly, the question was placed before the voters of Pennsylvania on Tuesday, November 7, 1995, and they approved the proposed amendment by an overwhelming margin.

In response to the Lincoln Party’s petition for review, the Attorney General and the General Assembly filed separate preliminary objections, which were then consolidated for argument by this Court. The Attorney General, in his preliminary objections, objects on the basis that: (1) the Lincoln Party lacks standing; (2) the petition of the Lincoln Party fails to present a case or controversy; (3) the action is moot; and (4) there exists no cause of action. The General Assembly objects on the grounds that the Lincoln Party’s claim against the Legislature should be dismissed because the General Assembly is immune from suit under the Speech and Debate Clause, Article II, Section 15 of the Pennsylvania Constitution.

A court in deciding a preliminary objection in the nature of a demurrer must accept as true all well-pleaded allegations, and a demurrer will be sustained only when it appears that in accepting all of the allegations as true, no recovery under the law exists under any theory of law. Zemprelli v. Thornburgh, 73 Pa.Cmwlth. 101, 457 A.2d 1326 (1983).

PRELIMINARY OBJECTIONS BY THE ATTORNEY GENERAL

A. Standing

The Attorney General first asserts that the Lincoln Party lacks standing because it merely asserts a common interest of the public in general and has failed to identify any of its membership, even the name of one of its members. Although Gary Robinson is named in the caption as “Trustee Ad Litem” for the Lincoln Party, he is not otherwise identified anywhere in the body of the petition as a member of the Lincoln Party.

Standing to bring a suit is a prerequisite for a person to obtain a judicial resolution of a dispute. It is well-established that for a person to have standing, he or she must be aggrieved by the matter being challenged. William Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975); Nader v. Hughes, 164 Pa. [1330]*1330Cmwlth. 434, 643 A.2d 747 (1994). “Aggrieved” is defined as having an immediate, direct and substantial interest in the challenged matter beyond the interest of an individual member of the general public. Citizens for State Hospital v. Commonwealth,. 123 Pa.Cmwlth. 160, 653 A.2d 496 (1989), aff'd per curiam, 529 Pa. 2, 600 A.2d 949 (1992), cert. denied, sub nom. Basalyga v. Pennsylvania, 494 U.S. 1017, 110 S.Ct. 1321, 108 L.Ed.2d 496. The party must demonstrate a “sufficiently close causal connection between the challenged action and the asserted injury to qualify the injury as ‘immediate’ rather than ‘remote.’ ” William Penn Parking Garage, 464 Pa. at 202, 346 A.2d at 286.

Although an unincorporated association may have standing, even in the absence of injury to the association itself, it must plead a direct, immediate and substantial injury to at least one of its members to meet the requirements for standing. Pennsylvania Gamefowl Breeders Assoc. v. Commonwealth, 533 A.2d 838 (Pa.Cmwlth.1987), reaff'd after reconsideration, 538 A.2d 645 (Pa.Cmwlth.1988). Standing may be conferred upon an association solely as the representative of its members and an association may begin a cause of action if its members are suffering immediate or threatened injury as a result of the contested action. National Solid Wastes Management Association v. Casey, 135 Pa.Cmwlth. 134, 580 A.2d 893 (1990).

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Bluebook (online)
682 A.2d 1326, 1996 Pa. Commw. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-party-ex-rel-robinson-v-general-assembly-pacommwct-1996.