Pennsylvania Crime Commission v. Doty

305 A.2d 921, 9 Pa. Commw. 328, 1973 Pa. Commw. LEXIS 623
CourtCommonwealth Court of Pennsylvania
DecidedJune 4, 1973
DocketNos. 5 and 6 Tr. Dkt. 1973 and 411, 412, 413 and 414 C.D. 1973
StatusPublished

This text of 305 A.2d 921 (Pennsylvania Crime Commission v. Doty) 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
Pennsylvania Crime Commission v. Doty, 305 A.2d 921, 9 Pa. Commw. 328, 1973 Pa. Commw. LEXIS 623 (Pa. Ct. App. 1973).

Opinion

Opinion by

President Judge Bowman,

These consolidated proceedings are all concerned with four subpoenas issued by the Pennsylvania Crime Commission directed to John Joseph Bonk, James J. Fallon, Frank J. Beatty and Robert C. Sadowl. Indirectly involved are seizure and forfeiture proceedings concerning 23 Electronically Operated Pinball and Console Amusement Machines v. Commonwealth of Pennsylvania on appeal by the Commonwealth to this Court (No. 481 C.D. 1973) from an order of the Court of Common Pleas of Philadelphia County dismissing preliminary objections to a petition by these same individuals to have a pre-forfeiture hearing to determine the [331]*331illegality of the seized machines (No. 73-00-0327, Court of Common Pleas of Philadelphia County 1973).

The subpoenas in question were served1 between January 22 and January 25, 1973, directing Bonk, Fallon, Beatty and Sadowl to appear at a specified time and place to testify and produce certain documents in connection with the Commission’s investigation into the quality of law enforcement in Philadelphia.2 None of the respondents appeared.

On February 1, 1973, three of the respondents initiated proceedings in the Court of Common Pleas of Philadelphia County, and on February 2, 1973, one respondent initiated identical proceedings in the Court of Common Pleas of Montgomery County in the form of petitions for rule to show cause why the subpoenas should not be quashed. In each proceeding a judge of the respective courts issued a rule returnable three weeks later in Philadelphia and six weeks later in Montgomery County, and issued stay of proceedings in the meanwhile.

On February 9, 1973, the Commission filed in the Supreme Court of Pennsylvania petitions for supersedeas and for writ of prohibition against the respective judges who had entertained the aforesaid proceedings and issued rules thereon, the Commission alleging that they acted beyond a common pleas court’s jurisdiction and power (Nos. 314, 315 Misc. Docket Pa. Supreme Court No. 19).

On March 13 and March 15, 1973, the Commission filed preliminary objections in the respective proceedings before the Philadelphia and Montgomery County [332]*332courts. On March 14, 1973, the trial judge in Philadelphia declined to proceed pending action by the Supreme Court in the proceedings before it. On the same day, March 14, 1973, the Supreme Court issued the following orders:

“And Now, this 14th day of March, 1973, the proceedings instantly before the Court of Common Pleas of Philadelphia County, Criminal Trial Division, at Miscellaneous Docket No. 73-00-0326, in John Joseph Bonk, and Jambs J. Fallon, and Frank J. Beatty v. Commonwealth op Pennsylvania, are herewith transferred to the Commonwealth Court for disposition.

By the Court,

s/ Jones, B. R.,

Chief Justice.”

“And Now, this 14th day of March, 1973, the proceedings instantly before the Court of Common Pleas of Montgomery County, Criminal Trial Division, Miscellaneous Docket No. 27, January Term, 1973, in Robert C. Sadowl v. Commonwealth op Pennsylvania, are herewith transferred to the Commonwealth Court for disposition.

On March 28, 1973, the Commission filed in this Court petitions to enforce the subpoenas3 issued against the same four respondents (Nos. 411, 412, 413, 414 C.D. 1973). These petitions were duly served as was an order of this Court dated April 9, 1973, which consolidated the proceedings transferred to this Court by the Supreme Court with the Commission’s enforcement proceedings initiated here. Hearing and argument on the consolidated proceedings was fixed for April 27, 1973. On that date respondents filed preliminary ob[333]*333jections to the Commission’s petitions for enforcement which bring into question the role of this Court with respect to the “proceedings instantly before” the Philadelphia and Montgomery County courts transferred by the Supreme Court to this Court “for disposition.”

In the consolidated proceedings before this Court we first heard argument on the legal issues raised in the proceedings transferred to this Court by the Supreme Court and on respondents’ preliminary objections to the proceedings initiated in this Court by the Commission. We then received evidence relevant to the latter proceedings which was entirely stipulated. The sufficiency of the evidentiary record to support the enforcement proceedings is questioned by the respondents.

At the outset of the consolidated proceedings hearing we expressed the view that the transfer order of the Supreme Court is susceptible to two interpretations. It could be considered as a direction to this Court to treat said proceedings as though on appeal to this Court, or alternatively, as a direction to treat said proceedings as though they had been originally filed in this Court. In either event, it was our expressed view and is our opinion, that legal issues raised by either interpretation and by the preliminary objections of respondents to the enforcement proceedings initiated by the Commission in this Court could be disposed of in these consolidated proceedings as, taken together, they raise all possible issues of the jurisdiction of common pleas courts and this Court to entertain and act upon petitions to quash subpoenas on the one hand and to enforce subpoenas issued by the Commission on the other.

Respondents’ initial argument on the issue of the jurisdiction of a court of common pleas to entertain proceedings to quash Commission-issued subpoenas advances the maxim that a court whose jurisdiction is [334]*334questioned should first decide that issue before it is tested in another court of the same judicial system. This maxim would undoubtedly be applicable to the “proceedings instantly before” the Philadelphia and Montgomery County courts where the issue remains undisposed of absent the exercise of the plenary power of the Supreme Court of Pennsylvania in its supervision over our judicial system generally and in particular over alleged attempts by inferior courts to assert jurisdiction where none exists. Had the Supreme Court intended to give expression to the maxim, its obvious action would have been to simply dismiss the proceedings before it. Having considered the matter and then issuing its order to this Court to act, we cannot now apply this maxim to the instant proceedings before us on transfer from the Supreme Court.

Turning to the issue of subject matter jurisdiction, it is our opinion that neither a court of common pleas nor the Commonwealth Court has jurisdiction to entertain any action or proceedings to quash a subpoena issued by the Pennsylvania Crime Commission under existing statutory law which, as presently in force, affords no power or authority to the Commission to enforce its subpoenas and provides only for judicial enforcement of such subpoenas after noncompliance and upon petition of the Commission. In such judicial proceedings all legal issues surrounding the issuance of the subpoenas and the right of individuals with respect thereto may be aired.

Handed down prior to the creation of the Commonwealth Court and the adoption of the Appellate Court Jurisdiction Act of July 31, 1970, P. L. 673, 17 P.S. §211.101, the decision of the Supreme Court in Cathcart v. Crumlish, 410 Pa. 253, 189 A.

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Related

Cathcart v. Crumlish
189 A.2d 243 (Supreme Court of Pennsylvania, 1963)
Knup v. Philadelphia
126 A.2d 399 (Supreme Court of Pennsylvania, 1956)
Stahl v. Insurance Co. of North America
184 A.2d 568 (Supreme Court of Pennsylvania, 1962)
Pennsylvania Crime Commission Petitions
285 A.2d 494 (Supreme Court of Pennsylvania, 1971)
In re Crime Commission's Subpoena Enforcement Petition
2 Pa. Commw. 650 (Commonwealth Court of Pennsylvania, 1971)
Pennsylvania Crime Commission v. Nacrelli
5 Pa. Commw. 551 (Commonwealth Court of Pennsylvania, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
305 A.2d 921, 9 Pa. Commw. 328, 1973 Pa. Commw. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-crime-commission-v-doty-pacommwct-1973.