Pennsylvania Prison Society v. Commonwealth

776 A.2d 971, 565 Pa. 526, 2001 Pa. LEXIS 1585
CourtSupreme Court of Pennsylvania
DecidedJuly 25, 2001
Docket893 M.D. 1997
StatusPublished
Cited by26 cases

This text of 776 A.2d 971 (Pennsylvania Prison Society v. Commonwealth) 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
Pennsylvania Prison Society v. Commonwealth, 776 A.2d 971, 565 Pa. 526, 2001 Pa. LEXIS 1585 (Pa. 2001).

Opinions

OPINION

ZAPPALA, Justice.

This is a direct appeal filed on behalf of the Commonwealth of Pennsylvania, Governor Tom Ridge, the Pennsylvania [530]*530Board of Pardons, and the Secretary of the Commonwealth (Appellants) from the order of the Commonwealth Court granting the motion for judgment on the pleadings filed by the Pennsylvania Prison Society, Julia D. Hall and others (collectively referred to as the Prison Society). The Prison Society challenged the constitutionality of a proposed constitutional amendment to Article IV, Section 9 of the Pennsylvania Constitution that was placed on the November 4, 1997 ballot. The Commonwealth Court determined that the ballot question was null and void, as the single ballot question contained five amendments to the Pennsylvania Constitution in violation of Article XI, Section 1. We find that the ballot question in fact proposed two separate amendments to Article IV, Section 9, contrary to the separate vote requirement of Article XI, Section 1. Due to the unique circumstances underlying the proposed amendment to the provision of Article IV, Section 9, governing the confirmation process of gubernatorial appointments to the Board of Pardons, however, we conclude that the ballot question was not constitutionally infirm in this case. For the following reasons, we reverse the order of the Commonwealth Court.

On October 16, 1997, the Prison Society filed an action against the Secretary of the Commonwealth, challenging the proposed constitutional amendments to Article IV, Section 9 of the Pennsylvania Constitution. Article IV, Section 9 encompasses the power of the Governor to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons, and prior to the proposed amendments provided that

(a) In all criminal cases except impeachment the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons therefor at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.
[531]*531(b) The Board of Pardons shall consist of the Lieutenant Governor who shall be chairman, the Attorney General and three members appointed by the Governor with the consent of two-thirds or a majority of the members elected to the Senate as is specified by law for terms of six years. The three members appointed by the Governor shall be residents of Pennsylvania and shall be recognized leaders in their fields; one shall be a member of the bar, one a penologist, and the third a doctor of medicine, psychiatrist or psychologist. The board shall keep records of its actions, which shall at all times be open for public inspection.

The General Assembly approved proposed amendments to Article IV, Section 9 for submission to the electorate at the November 4, 1997 election. The text of the amendments provided that Article IV, Section 9 be amended to read:

(a) In all criminal cases except impeachment the governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, and in the case of a sentence of death or life imprisonment, on the unanimous recommendation in writing of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons therefor at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.
(b) The Board of Pardons shall consist of the Lieutenant Governor who shall be chairman, the Attorney General and three members appointed by the Governor with the consent of a majority of the members elected to the Senate for terms of six years. The three members appointed by the Governor shall be residents of Pennsylvania. One shall be a crime victim; one a corrections expert, and the third a doctor of medicine, psychiatrist or psychologist. The board shall keep records of its actions, which shall at all times be open for public inspection.

[532]*532The ballot question, which was submitted to the electorate in November 1997, read:

Shall the Pennsylvania Constitution be amended to require a unanimous recommendation of the Board of Pardons before the Governor can pardon or commute the sentence of an individual sentenced in a criminal case to death or life imprisonment, to require only a majority vote of the Senate to approve the Governor’s appointments to the Board, and to substitute a crime victim for an attorney and a corrections expert for a penologist as Board members?

The Prison Society also filed a motion for a preliminary injunction and requested a temporary restraining order. On October 20, 1997, the Commonwealth Court entered an order denying the motion for a temporary restraining order. The court also scheduled a hearing on the motion for a preliminary injunction for October 30, 1997. On October 31, 1997, the motion was denied. The ballot question was presented to the electorate on November 4,1997, and passed.

On November 12,1997, the Secretary of the Commonwealth removed the case to the United States District Court for the Middle District of Pennsylvania. On January 5, 1998, the Prison Society filed an amended complaint in district court, adding as defendants the Commonwealth, Governor Ridge and the Board of Pardons. The district court remanded the state law claims to the Commonwealth Court on January 15, 1998.

In the amended complaint, the Prison Society challenged the ballot question as violative of Article XI, Section 1 of the Pennsylvania Constitution. Article XI, Section 1 establishes the procedure for the proposal of amendments by the General Assembly and their adoption by the electorate. Specifically, Article XI, Section 1 requires that “[w]hen two or more amendments shall be submitted they shall be voted upon separately.” The Prison Society asserted that the ballot question proposed five amendments to Article IV, Section 9 that should have been submitted to the electorate so as to have each voted upon separately.

[533]*533The Prison Society contended that the ballot question proposed the following five amendments to Article IV, Section 9:

(1) to require a unanimous, rather than majority, recommendation of the Board of Pardons before the Governor can pardon or commute the sentence of an individual sentenced in a criminal case to death or life imprisonment;
(2) to require a majority, rather than two-thirds, vote of the Senate to approve the Governor’s three appointments to the Board of Pardons;
(3) to substitute a crime victim for an attorney on the Board of Pardons;
(4) to substitute a corrections expert for a penologist on the Board of Pardons; and
(5) to delete the “recognized leaders in their fields” qualification for the Governor’s three appointees to the Board of Pardons.

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Bluebook (online)
776 A.2d 971, 565 Pa. 526, 2001 Pa. LEXIS 1585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-prison-society-v-commonwealth-pa-2001.