PENN. STATE ASS'N OF JURY COM'RS v. COM.

No. 247 M.D. 2013.

74 A.3d 333 (2013)

PENNSYLVANIA STATE ASSOCIATION OF JURY COMMISSIONERS, Larry A. Thompson, President, Pennsylvania State Association of Jury Commissioners, Martha S. Smith, Duly Elected Jury Commissioner of Chester County, Mary Jane Dellafiora, Duly Elected Jury Commissioner of Indiana County, George Richard Zimmerman, Duly Elected Jury Commissioner of Washington County, Pamela L. Bisbing, Duly Elected Jury Commissioner of Monroe County, Clinton A. Bonetti, First Vice President of Pennsylvania State Association of Jury Commissioners and Duly Elected Jury Commissioner of Butler County, Richard L. Ward, Jr., Duly Elected Jury Commissioner of Columbia County, Kristen Gensel, Duly Elected Jury Commissioner of Columbia County, Joanne Cisco Olszewski, Duly Elected Jury Commissioner of Montgomery County, Donald Lee Dissinger, Duly Elected Jury Commissioner of Perry County, Judith L. Fisher, Duly Elected Jury Commissioner of Washington County, Sandra Oden Kellner, Duly Elected Jury Commissioner of Venango County, Doretta K. Mellott, Duly Elected Jury Commissioner of Fulton County, Glenn E. Ford, Duly Elected Jury Commissioner of Fulton County, Marjorie A. Wassmer, Duly Elected Jury Commissioner of Pike County, Gertrude Smith, Duly Elected Jury Commissioner of Pike County, Jerry Olson, Duly Elected Jury Commissioner of Elk County, Shelley L. Blythe, Duly Elected Jury Commissioner of Beaver County, Petitioners v. COMMONWEALTH of Pennsylvania c/o Attorney General of Pennsylvania, Honorable Thomas Corbett, Governor of Pennsylvania, Honorable Carol Aichele, Secretary of the Commonwealth of Pennsylvania, Honorable Kathleen Kane, Attorney General of Pennsylvania, Honorable Joseph B. Scarnati, III, Elected President Pro Tempore of the Senate of the Commonwealth of Pennsylvania, Honorable Samuel H. Smith, Speaker of the House of Representatives of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 31, 2013.


Attorney(s) appearing for the Case

Samuel C. Stretton , West Chester, for petitioners.

John B. Delone , Senior Deputy Attorney General, for respondents Thomas Corbett, Carol Aichele and Kathleen Kane.

Robert L. Knupp and Adam G. Klein , Harrisburg, for intervenor County Commissioners Association of Pennsylvania.

BEFORE: McGINLEY, Judge, BROBSON, Judge, and COVEY, Judge.


OPINION BY Judge BROBSON.

In this original jurisdiction matter, the constitutionality of a law authorizing the governing body of certain counties to eliminate the elective office of jury commissioner is again being challenged. In Pennsylvania State Association of Jury Commissioners v. Commonwealth, ___ Pa. ___, 64 A.3d 611 (2013) (Jury Commissioners II), the Pennsylvania Supreme Court held that Act 108 of 2011

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