News 2018
Kristen De Groot, Suit: Drop ‘Good Moral Character’ Cosmetologist Requirement, The Inquirer (Dec. 12, 2018). Kristen De Groot for The Inquirer writes that two Pennsylvania cosmetologists who were denied licenses are challenging the good moral character requirement of cosmetologist licensing. The plaintiffs claim the requirement is unfair and unconstitutional as the Pennsylvania Constitution states that laws prohibiting people from working must actually protect the public.
Bob Mayo, ‘Common Sense’ Gun Safety Legislation in Pittsburgh Includes Assault Weapons Ban, Pittsburgh’s Action 4 News (Dec. 14, 2018). Bob Mayo for Pittsburgh’s Action 4 News reports that proposals for new gun safety legislation were announced by members of City Council and the State legislature. The legislation includes a ban on assault weapons, accessories, ammunition, and weapon modifications often used in mass shootings, and an adoption of “extreme risk protection orders” that would let courts temporarily prohibit someone from having guns if law enforcement or immediate family show the person poses a “significant danger.”
Commonwealth v. Davis, No. 169 MAL 2018, 2018 WL 4775622 (Pa. 2018). The Court granted an allowance of appeal to respond to the issue of whether or not a Petitioner may be compelled to disclose orally the memorized password to a computer over his invocation of privilege under the Fifth Amendment to the Constitution of the United States, and Article I, Section 9 of the Pennsylvania Constitution.P
Press Release, Leaders Forward Package of Common Sense Gun Safety Measures (Dec. 14, 2018). The City of Pittsburgh issued a press release detailing gun safety measures meant to make city streets, schools, places of worship, and families safer. Noting that the Pennsylvania Constitution guarantees the rights of all people to “peace, safety and happiness,” the City plans to unveil three bills encompassing these measures.
Steve Esack, Some Fear Effect of Victims’ Law Amendment State Constitution, They Say, Could Have Unintended Effects, The Morning Call (Dec. 26, 2018). Steve Esack for The Morning Call reports that the constitutional amendment push for what is nationally known as Marsy’s Law may not be needed in Pennsylvania. Supporters say the current law offers little to no enforcement power because it is overly broad and can hurt defendants’ cases. Dissenters worry an amendment would trigger unintended consequences, such as police officers being able to invoke anonymity in cases where deadly force is used.
Terrie Morgan-Besecker, Lackawanna County Reassessment Suit May be Affected by Beaver Court Ruling, The Times-Tribune (Dec. 25, 2018). Terrie Morgan-Besecker for The Times-Tribune reports that a recent Commonwealth Court ruling, rejecting the argument that taxpayers were not entitled to relief under the Uniformity Clause, could affect the recent Lackawanna county reassessment suit.
Press Release, Leaders Forward Package of Common Sense Gun Safety Measures (Dec. 14, 2018). The City of Pittsburgh issued a press release detailing gun safety measures meant to make city streets, schools, places of worship, and families safer. Noting that the Pennsylvania Constitution guarantees the rights of all people to “peace, safety and happiness,” the City plans to unveil three bills encompassing these measures.
Kristen De Groot, Suit: Drop ‘Good Moral Character’ Cosmetologist Requirement, The Inquirer (Dec. 12, 2018). Kristen De Groot for The Inquirer writes that two Pennsylvania cosmetologists who were denied licenses are challenging the good moral character requirement of cosmetologist licensing. The plaintiffs claim the requirement is unfair and unconstitutional as the Pennsylvania Constitution states that laws prohibiting people from working must actually protect the public.
Bob Mayo, ‘Common Sense’ Gun Safety Legislation in Pittsburgh Includes Assault Weapons Ban, Pittsburgh’s Action 4 News (Dec. 14, 2018). Bob Mayo for Pittsburgh’s Action 4 News reports that proposals for new gun safety legislation were announced by members of City Council and the State legislature. The legislation includes a ban on assault weapons, accessories, ammunition, and weapon modifications often used in mass shootings, and an adoption of “extreme risk protection orders” that would let courts temporarily prohibit someone from having guns if law enforcement or immediate family show the person poses a “significant danger.”
Amanda Bronstad, Philadelphia Still a ‘Judicial Hellhole,’ Pa. Supreme Court Potentially Hellish, Report Says,The Legal Intelligencer (Dec. 4, 2018). The Philadelphia Court of Common Pleas has again made the American Tort Reform Association’s annual “Judicial Hellholes” list, while the Pennsylvania Supreme Court has been placed on the watch list for prospective hellholes.
Lizzy McLellan, Pa. High Court Rejects Ex-AG Kane’s Criminal Appeal, The Legal Intelligencer (Nov. 26, 2018). The Pennsylvania Supreme Court has denied former Pennsylvania Attorney General Kathleen Kane’s bid for an appeal in her criminal case, finalizing a lower appellate court’s decision to affirm her conviction on perjury and related charges.
Jim Lockwood, Hearing set in lawsuit aiming to force Lackawanna County tax reassessment, The Times-Tribune(Nov. 19, 2018). Three Lackawanna County judges will hear objections to a lawsuit by three Scranton residents aiming to force the county to conduct a long-overdue countywide property tax reassessment. The hearing is scheduled for November 30.
Dani Fitzgerald, Riverside must prove need for drug testing, Ellwood City Ledger (Nov. 16, 2018). Riverside school District is considering in-school drug testing but will have to demonstrate sufficient need to overcome the 2003 Supreme Court case that held “random suspicion less drug testing” unconstitutional under the Pennsylvania Constitution. Drug testing policies at other school districts, like Seneca Valley and South Butler, were approved for student drivers and students participating in extracurricular activities.
Logan Hullinger, York County woman joins ACLU lawsuit over Pa. absentee ballot deadlines,The York Dispatch(Nov. 15, 2018). The American Civil Liberties Union of Pennsylvaniaand nine individuals are suing Gov. Tom Wolf and other high-ranking government officials over the state’s absentee ballot deadline requirements, which they claim “are in violation of the PennsylvaniaConstitution’s guarantees of ‘free and equal’ elections and equal protection under the law.”
Mensah M. Dean, Mark Fazlollah, FOP Sues Kenney, Krasner, Roos Over Police ‘Do-Not-Call’ List, The Inquirer(Nov. 13, 2018). The Philadelphia police officers’ union is suing Mayor Kenney, District Attorney Larry Krasner, and Police Commissioner Richard Ross, claiming that a “Do Not Call List” maintained by Krasner to keep tainted cops from testifying in court amounts to a “deprivation of the fundamental right to reputation protected by the Pennsylvania Constitution.”
Paula Reed Ward, Liz Navratil, Rich Lord, Judge Seals Old Criminal File for Presumed Father of Bowers, Pittsburgh Post-Gazette (Nov. 2, 2018). The Allegheny County District Attorney’s Office on Thursday obtained an emergency order to seal the file in a 39-year-old criminal case believed to pertain to the father of Robert Bowers, the accused Tree of Life gunman. According to the motion Thursday by the DA’s office, the victim and/or witnesses involved in the case “have a right to privacy guaranteed to them by the Pennsylvania Constitution.”
Liz Navratil & Julian Routh, Suit Seeks to Take Democrat off Ballot: Candidate’s Residency Questioned in Race for Pennsylvania Senate, Pittsburgh Post-Gazette, Oct. 16, 2018. Liz Navratil and Julian Routh for the Pittsburgh Post-Gazette report that two citizens in Senate District 38 have filed a lawsuit in Commonwealth Court seeking to have Lindsey Williams removed from the ballot. They argue that Williams does not meet the four-year residency requirement outlined in the Pennsylvania Constitution, Williams was elected on November 6, 2018.
Pat Howard, Senate Again Fails Sexual Abuse Victims, Erie Times-News, Oct. 21, 2018. Pat Howard for the Erie Times-News reports that Senate President Pro Tempore Joe Scarnati’s recent vote to support the two-year window to the statute of limitations for sexual abuse victims to sue in civil court was a vote in defense of the church. Howard points out that Scarnati was in favor of a two-year window for suing, but only if the victims could sue individual predators rather than the institution.
Peter Hall, Keep Priests’ Names Redacted, Lawyers say State Supreme Court asked to Close the Book on the Identities of Some Clergymen in Grand Jury Report, The Morning Call (September 27, 2018). Peter Hall for The Morning Call reported that lawyers representing nearly two dozen Catholic priests are fighting to keep the names of their clients redacted. The State Attorney General, however, argues that this would damage the grand jury process. The Pennsylvania Supreme Court has not indicated when it will rule on the claim.
Emily Opilo, Why Allentown Charged Good Shepherd $700K Appeal Findings Show how City Determined Which Parts of Nonprofit Business Should be Taxed, The Morning Call (September 27, 2018). Emily Opilo for The Morning Call reported that Good Shepherd Rehabilitation Network filed a lawsuit against Allentown concerning the city’s attempt to collect business privilege taxes from nonprofit corporations. Good Shepherd argues that the tax was unlawfully excessive, improperly determined, non-uniform, and, thus, a violation of the Pennsylvania Constitution.
Dawn Keefer, Eliminate the Office of Lieutenant Governor in Pennsylvania, York Daily Record (December 3, 2017). Rep. Dawn Keefer, a guest columnist for York Daily Record, reported that his legislation, House Bill 1939, proposes a change to the Pennsylvania Constitution to abolish the office of lieutenant governor. Keefer explains that the position was created to protect citizens by ensuring the state is not left without a governor, but has become a position for the personal gain of one person.
Gary Haber, Could Helfrich’s Win be Challenged? Legal Experts Weigh in on what Law Says, York Daily Record (November 10, 2017). Gary Haber for York Daily Record reports that City Council President Michael Helfrich won election as York mayor with 2,128 votes against incumbent Kim Bracey, with 2,003 votes, and Libertarian Dave Moser, with 64 votes. Bracey, in her concession speech, did not rule out the possibility of a court challenge to Helfrich’s legal eligibility to serve as mayor due to his two drug-related felony convictions stemming from the same incident 26 years ago.
P.J. D’Annunzio, Ex-Pa.Treasurer Rob McCord Sentenced to 30 Months in Prison, The Legal Intelligencer, August 28, 2018. P.J. D’Annunzio for The Legal Intelligencer reported that Rob McCord, ex-Pennsyvania treasurer turned FBI informant, has been sentenced to 30 months in prison after pleading guilty to extortion charges related to his attempts to secure campaign money for his unsuccessful 2014 gubernatorial bid. As a part of his guilty plea, McCord wore a wire to catch other corrupt politicians, resulting in the downfall of several state officials.
P.J. D’Annunzio and Max Mitchell, Clergy Sex-Abuse Report Spurs Push for Legislation—But Will it Survive Lobbying Efforts?, The Legal Intelligencer, August 20, 2018. P.J. D’Annunzio and Max Mitchell for The Legal Intelligencer reported that the Republicans and Democrats of Pennsylvania’s government have shown that they can come together to condemn child abuse by vowing to accelerate action to hold child abusers accountable in the aftermath of In re Fortieth Statewide Investigative Grand Jury. One such action is Senate Bill 261 which would extend the statute of limitations for a victim of abuse to file legal action against their abuser until the age of 50.
P.J. D’Annunzio, Almost 2 Years After Ex-Traffic Court Judge Left Prison, Resentencing Ordered, The Legal Intelligencer, August 22, 2018. P.J. D’Annunzio for The Legal Intelligencer reported that the Court of Appeals for the Third Circuit has ruled that ex-Philadelphia Traffic Court Judge Willie Singletary’s prison sentence needs to be reconsidered because the single count on which he was convicted does not contain all the elements of obstruction. The Court vacated the judgment of sentence and remanded so Singletary could be resentenced.
Julian Routh, Turzai Hits Back at Protesters: Pa. House Speaker Says they Don’t Know Facts, The Pittsburgh Post-Gazette, August 13, 2018.
Julian Routh for the Pittsburgh Post-Gazette reported that Mike Turzai, Pennsylvania State Representative, criticized members of the anti-gerrymandering activist group, MarchOnHarrisburg, for lacking the understanding of the U.S. and Pennsylvania constitutions and for targeting him without having a full understanding of the redistricting process. Six of the members in MarchOnHarrisburg pleaded guilty to summary offenses of disorderly conduct that occurred during their July 13th demonstration.
Kevin Flowers, Ebert Beeman Joins Race for Congress, Erie Times-News, August 6, 2018.
Kevin Flowers for the Erie Times-News reported that former Erie County Councilman Ebert “Bill” Beeman, who was convicted and sentenced to jail on federal Social Security fraud charges, is running for Congress as a Libertarian Party Candidate. There is nothing in the U.S. Constitution that prevents a convicted felon from running for Congress. However, a felony conviction would disqualify a candidate from holding many local, county and statewide offices under the Pennsylvania Constitution.
Beth Brelje, Office, Group Urge Adding Victims’ Rights to Pennsylvania Constitution, Reading Eagle, August 13, 2018.
Beth Brelje for the Reading Eagle reported that Pennsylvania’s Office of Victim Advocate and a victim advocacy group, Marsy’s Law for Pennsylvania, are asking the General Assembly to change the state’s constitution by adding a proposed constitutional amendment, Marsy’s Law, to the Pennsylvania Constitution. Currently, victims have statutory rights while criminal suspects have both statutory and constitutional rights.
Max Mitchell, Read the Report: Phila. Grand Jury Recommends Charges for Ex-Phila. Cop, The Legal Intelligencer, September 4, 2018.
Max Mitchell for The Legal Intelligencer reported that District Attorney Larry Krasner announced Tuesday morning that his office has charged former police officer Ryan Pownall, who is white, with the fatal shooting of David Jones, a black man.
P.J. D’Annunzio, Almost 2 Years After Ex-Traffic Court Judge Left Prison, Resentencing Ordered, The Legal Intelligencer, August 22, 2018.
P.J. D’Annunzio for The Legal Intelligencer reported that the Court of Appeals for the Third Circuit has ruled that ex-Philadelphia Traffic Court Judge Willie Singletary’s prison sentence needs to be reconsidered because the single count on which he was convicted does not contain all the elements of obstruction. The Court vacated the judgment of sentence and remanded so Singletary could be resentenced.
P.J. D’Annunzio and Max Mitchell, Clergy Sex-Abuse Report Spurs Push for Legislation—But Will it Survive Lobbying Efforts?, The Legal Intelligencer, August 20, 2018.
P.J. D’Annunzio and Max Mitchell for The Legal Intelligencer reported that the Republicans and Democrats of Pennsylvania’s government have shown that they can come together to condemn child abuse by vowing to accelerate action to hold child abusers accountable in the aftermath of In re Fortieth Statewide Investigative Grand Jury. One such action is Senate Bill 261 which would extend the statute of limitations for a victim of abuse to file legal action against their abuser until the age of 50.
P.J. D’Annunzio, Ex-Pa. Treasurer Rob McCord Sentenced to 30 Months in Prison, The Legal Intelligencer, August 28, 2018.
P.J. D’Annunzio for The Legal Intelligencer reported that Rob McCord, ex-Pennsyvania treasurer turned FBI informant, has been sentenced to 30 months in prison after pleading guilty to extortion charges related to his attempts to secure campaign money for his unsuccessful 2014 gubernatorial bid. As a part of his guilty plea, McCord wore a wire to catch other corrupt politicians, resulting in the downfall of several state officials.
Pennsylvania Senate Bill 22 has passed the senate and has been sent to the House of Representatives. The bill would create an independent redistricting commission made up of 11 Pennsylvania citizens, who would be responsible for drawing the boundaries of legislative and congressional districts and includes a proposed constitutional amendment which would change the way appellate judges are elected.
Redistricting Reform Failure is a Lesson in Bad Civics, The Morning Call, July 26, 2018.
Advocates for amending the Pennsylvania Constitution to reform the way Pennsylvania draws up its election districts have ceased efforts to pass legislation in this session of the Legislature. Any bill would have to pass two sessions of the Legislature and go to statewide referendum before the 2020 census.
Tim Grant, Surprise Tax Bill for Some New Home Buyers, Pittsburgh Post-Gazette, July 29, 2018.
Tim Grant for the Pittsburgh Post-Gazette reported that owners of recently sold properties in Allegheny County are being taxed at a disproportionately high rate compared to owners of similar properties that have not been sold since 2012 – the last time the county reassessed residential property values.
Richard Winger, Constitution Party Does Not Get on Statewide Pennsylvania Ballot, August 2, 2018.
Richard Winger reported that the Pennsylvania Constitution Party will not be on the ballot for Governor this year because it failed to collect 5,000 signatures.
Paula Reed Ward, Pa. Superior Court Panel Criticizes Judge as ‘Defiant’, Pittsburgh Post-Gazette, August 22, 2018.
Paula Reed Ward for the Pittsburgh Post-Gazette reported that Superior Court President Judge Emeritus John T. Bender criticized Common Pleas Judge Donna Jo McDaniel because of her sentencing of defendants in sexual assault cases, calling the sentencing “deviant.” Judge McDaniel was ordered last year by the appellate court to resentence an “unreasonable” sentence, but the judge responded by imposing the exact same punishment
On June 28, 2018, Max Mitchell reported for The Legal Intelligencer that Pennsylvania Supreme Court’s decision last week to halt the publication of a widely anticipated grand jury report about alleged sexual abuse of minors in the Catholic Church caused a stir across the state, but, perhaps, for the wrong reasons. Grand jury practitioners said the decision comes on the heels of increasing confusion about the grand jury process and that the decision may signal that the justices want to make significant changes in the role that grand juries play. See: Pa. Justices’ Decision to Seal Sex Abuse Report May Presage Change in Role of Grand Juries
On June 26, 2018, Max Mitchell reported for The Legal Intelligencer that the state Supreior Court rejected former Penn State president Graham Spainer’s request to overturn his conviction for child endangerment. The split three-judge panel affirmed the guilty verdict a Dauphin County jury handed up last year on a single count of endangering the welfare of a child. See: Pa. Superior Court Affirms Spanier Conviction
On May 17th, Matt Miller reported that the Pennsylvania Environmental Defense Foundation filed a petition with the Commonwealth Court arguing that the Environmental Rights Amendment to the Pennsylvania Constitution does not allow for Marcellus shale drilling leases to finance general government operations. The Foundation claims that Governor Tom Wolf and the Legislature violated the Pennsylvannia Constitution by using income from Marcellus shale drilling leases to finance the state agency charged with protecting the environment.
See: Gov. Wold, Legislature accused of violating Pa.constitution in use of Marcellus Shale lease dollars
On May 16, 2018, Meagan Flynn reported for the Washington Post that the district attorney admitted a criminal defendant was wrongly convicted due to the exclusion of exculpatory evidence. The conviction was vacated in February on the grounds of ineffective assistance of trial counsel after the Pennsylvania Innocence Project and law firm Cozen O’Connor filed a post-conviction writ. See : Philly prosecutors ‘in all likelihood’ sent innocent man to prison for murder, DA says, 2018 WLNR 15022596
On May 9, 2018, Bill Gindlesperger, a guest columnist for the Public Opinion, reports that Senate Bill 867 calls for a limited constitutional convention, which could amend the Pennsylvania Constitution. State senator, John Eichelberger believes the convention should have the legal authority to address the size of the Legislature, the state budget process, the requirement and process for obtaining a balanced budget and a number of other issues. See: PA Constitutional Convention could solve many problems
Governor Tom Wolf wrote to the Senate of the Commonwealth on April 27th, 2018 explaining that he vetoed Senate Bill 936, a bill that established a prescription list for the state’s workers’ compensation system.
Pittsburgh and Allegheny officials appealed the order of the Pennsylvania Office of Open Records stating that the officials had 30 days to turn over copies of letters, emails, notes or any other communications sent to Amazon as the city of Pittsburgh prepared its bid to attract Amazon’s second corporate headquarters.Pittsburgh Residents call on City Leaders to Make Amazon HQ 2 Bid Public, WPXI, Apr. 8, 2018.