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

No. 59 MAP 2013

78 A.3d 1020 (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, Appellants 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, Appellees. County Commissioners Association of Pennsylvania, Intervenors.

Supreme Court of Pennsylvania.

Decided October 18, 2013.

Attorney(s) appearing for the Case

Adam Gordon Klein, Esq. , Robert L. Knupp, Esq. , Smigel, Anderson & Sacks, L.L.P., Anthony T. McBeth, Esq. , Harrisburg, for County Commissioners Association of Pennsylvania.

David C. Cleaver, Esq. , Keller, Keller and Beck, L.L.C., Waynesboro, Samuel C. Stretton, Esq. , Law Office of Samuel C. Stretton, West Chester, for Pennsylvania State Association of Jury Commissioners, et al.

Jonathan F. Bloom, Esq. , Ian Michael Long, Esq. , Karl Stewart Myers, Esq. , Stradley, Ronon, Stevens & Young, L.L.P., Philadelphia, for Hon. J.B. Scarnatti, III, Pres Pro Temp, Senate of PA & Hon. S.H. Smith, Speaker, House of Reps of PA.

John Bartley Delone, Esq. , Kathleen Granahan Kane, Esq. , John G. Knorr, III, Esq. , PA Office of Attorney General, for Hon. T. Corbett, Gov. of PA, Hon. C. Aichele, Sec. of Comm. of PA & Hon. K. Kane, PA Atty. General.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice STEVENS.

This direct appeal from an order denying injunctive and declaratory relief by a three judge panel of the Commonwealth Court concerns various constitutional challenges to a law recently enacted by the General Assembly known as Act 4 of 2013.1 Specifically, it is alleged that Act 4 of 2013 constitutes (1) a violation of the separation of powers doctrine as embodied within Article V, Sections 1 and...

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