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Ruling Stings Bolus, The Scranton Times, Krawczeniuk, October
25, 2001, Page 1,: reports on the reaction in Scranton to the ruling
by the Commonwealth Court that Republican Mayoral candidate Bob Bolus
is barred by Article I, section 7 of the State Constitution from holding
public office. According to the story, Mr. Bolus is taking the position
that he can still be elected Mayor in the November election, as long
as the case is still "open" --that is, pending appeal.
FOP Sues City Over Residency Rule, Pittsburgh Post-Gazette,
Fuoco, Michael A., October 12, 2001, at B4 (2201 WL 28663890): Union
representing Pittsburgh's police officers filed a civil complaint that
seeks to strike down a law requiring them to live within the city. The
lawsuit asks the court to declare unconstitutional, under both the federal
and state constitutional "equal protection" provisions, the
section in the Second Class City Code that containes the residency requirement.
Transition Questions, Possibilities; Scholars Skeptical of Jubelirer's
Two Roles, Patriot-News, Lyon, Ellen, September 28, 2001 at B01
(2001 WL 2714976): discusses how Senator Robert Jubelirer's becoming
Lieutenant Governor may cause continued problems since he intends to
remain as Senate President pro tempore and run for re-election next
year as Senator. The question is whether the Pennsylvania Constitution
allows the new Lieutenant Governor to remain Senate President pro tempore.
Article IV, section 14 of the Pennsylvania Constitution provides that
the President pro tempore shall become Lieutenant Governor when that
office becomes vacant. See also Jubelirer
Brings Experience to Job, Patriot-News, Lyon, Ellen, at B01 (2002
WL 2715268): discusses how constitutional scholars are split over whether
a dual Lieutenant Governor/Senate President pro tempore would survive
a court challenge.
See also Letter to Jubelirer Stirs Pot;
Local Lawmakers Condemn Action, Lancaster New Era/Intelligencer
J./Sunday News, Quinn, Justin, at B1 (2001 WL 9309161): a letter sent
by the Commonwealth Caucus to Lt. Governor Robert Jubelirer addressed
Jubelirer's refusal to relinquish his Senate Seat as unconstitutional.
Immature Secrecy Open Justice is in Children's Best Interests,
Pittsburgh Post-Gazette at B2 (2001 WL 28659845): discusses how the Pennsylvania
Constitution (Article I, section 11) provides for open courts and how
closed court hearings in the juvenile court system are fundamentally
inconsistent with democracy. The juvenile justice system has begun to
admit the press or public to abuse and neglect cases. The Post-Gazette
is currently challenging closed juvenile courts in the case of John and
Annette Bright of Westmoreland County.
Why is a Judge on the Reapportionment Commission, Lancaster
News Era/Intelligencer J./Sunday News, August 23, 2001, at A10 (2001
WL 9303698): discusses how the Pennsylvania Constitution specifies four
of the five members of the Legislative Apportionment Committee and that
no federal or state official holding an office to which compensation
is attached can sit as chairman of the Legislative Reapportionment Committee.
This letter to the editor challenges as insufficient the action by the
Pennsylvania Supreme Court revoking Judge Frank Montemuro's assignment
as senior judge on Superior Court.
Let's Pretend the Registries Are Not Illegal, Allentown Morning
Call, Carpenter, Paul, August 18, 2001, at B1(2001 WL 23156506): discusses
registry of weapons owned by private citizens and how the Pennsylvania
Constitution's right to bear arms provision is more explicit than the
Second Amendment of the United States Constitution.
Lost In Cyberspace, Lancaster New Era/Intelligencer J./Sunday
News, Gibble, Dr. Jacques, August 19, 2001, at P1(2001 WL 9303037): argues
that for-profit charter schools may be violative of Art. III of the Pennsylvania
Constitution because the General Assembly cannot delegate any municipal
function, like education, to any private corporation.
Inside the Capital, Patriot-News, August 14, 2001, at B05 (2001
WL 2709113): discusses how Rep. Tom Gannon, Chairman of the House Judiciary
Committee is proposing a measure which would require amending the Pennsylvania
Constitution; Gannon wants to require district justice hopefuls to pass
an exam before they can run for office if they are not members of the
bar of the Supreme Court.
Can a Convicted Felon Serve on SEPTA Board? Philadelphia Daily
News, Brennan, Chris, July 6, 2001 at 16: discusses whether Bob Asher,
a former GOP state chairman who along with former state Treasurer R.
Budd Dwyer, was convicted in 1986 of mail fraud, perjury and conspiracy
to commit bribery, will take a seat as a representative from Montgomery
County on SEPTA's board. Art. II, section 7, of the Pennsylvania Constitution
says, "No person hereafter convicted of embezzlement of public moneys,
bribery, perjury or other infamous crime, shall be eligible to the General
Assembly, or capable of holding any office of trust in this Commonwealth."
Midnight Run, Roddey's Redistricting Idea is Sound, Unlike His Tactics,
Pittsburgh Post-Gazette, June 27, 2001 at A18: discusses how Roddey's
plan ato appoint a five-member commission to redraw County Council districts
is similar to the method set forth in the Pennsylvania Constitution.
OUR OPINION Gag Orders Bigger Threat Than Media, York Daily
Record, Stankewicz, William Michael, June 18, 2001 at A06: argues that
judicial gag orders violate the Pennsylvania Constitution, particularly
open courts provision, Art. I, section 11.
Heroic Staff Honored An Emotional Year Ends at North Hopewell-Winterstown
Elementary School, York Wkly. Rec., Baier, Linda W., at A05: discusses
how the Pennsylvania Senate passed proposed constitutional amendments
that would allow child victims to testify by videotape or closed-circuit
television.
Judge Won't Dismiss Charges on Assault on Pregnant Woman ** Allentown
Suspect's Lawyer Can't Show Crimes Against the Unborn Child Act is
Not Constitutional, Allentown Morning Call, Garlicki, Debbie,
June 13, 2001 at B3: discusses how a Lehigh County judge upheld the
constitutionality of the state's Crimes Against the Unborn Child Act
in a case of an Allentown woman charged with assaulting a woman who
was 9 months pregnant.
LOCAL BRIEFS, York Daily Record, June 12, 2001 at B01: discusses
State Senate action passing proposed constitutional amendment allowing
closed circuit TV testimony for child victims. A previous attempt to
provide such an amendment to the Pennsylvania Constitution was struck
down in Bergdoll v. Kane (Pa., June 15, 1999).
Judge Extends Assessment Appeal Period, Pittsburgh Post-Gazette,
Belko, Mark, April 5, 2001, at B3: discusses how appeal deadline has
been extended and that a judge ruled that the section of the county's
administrative code fixing the yearly appeals deadline at March 31 "does
not violate the Pennsylvania Constitution, any state statute or the Allegheny
County Home Rule Charter".
Gun Plan Violates Rights, Patriot-News, March 17, 2001 at A11:
discusses how State Attorney General Mike Fisher wants to make carrying
a gun on school property a felony. Argues that this would be a direct
violation of the Pennsylvania Constitution.
8 Couples Sue County Over Adoption Fee, Hope to Get Refunds, Have
Law Declared Unconstitutional, Lancaster New Era/Intelligencer
J., Murse, Tom, March 15, 2001 at B1: couples who adopted children
and paid adoption fee of $75 to Lancaster County challenge constitutionality
of law and demand refunds. Money was to be used for counseling services
for biological mothers and fathers who have decided to put their chidren
up for adoption, but no money has ever been used for this purpose.
(Challenging constitutionality on the ground that the fee is a taking
without just compensation and because the fee is "grossly disproportionate
to the cost it is intended to defray" under the Pennsylvania Constitution.
Intervening Legislature Has a Precedent, Allentown Morning
Call, Cattabiani, Mario F., December 1, 2000 at A8: discusses how Pennsylvania
would handle the problems that Florida has faced during the Presidential
race. (The question raised was whether the Legislature can legally assign
electors in a race that hasn't been clearly decided. There is a precedent
from the 1800 where the Pennsylvania General Assembly met in a special
session and appointed electors on its own. Art. 7, section of the Pennsylvania
Constitution makes clear that state courts shall rule in cases of contested
presidential elections. However, the Pennsylvania Constitution is silent
as to whether the Legislature can step in and assign electors to meet
the federal deadline.) |