Opinion

County of Fulton v. Sec. of Com., Aplt.

Court
Supreme Court of Pennsylvania
Filed
Apr 19, 2023
Status
Published
On the bench
Justice Kevin Dougherty
Cited by
0 cases

The opinion

[J-46-2022] [MO: Wecht, J.]

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COUNTY OF FULTON, FULTON COUNTY : No. 3 MAP 2022

BOARD OF ELECTIONS, STUART L. :

ULSH, IN HIS OFFICIAL CAPACITY AS : Appeal from the Order of the

COUNTY COMMISSIONER OF FULTON : Commonwealth Court at No. 277

COUNTY AND IN HIS CAPACITY AS A : MD 2021 dated January 14, 2022.

RESIDENT, TAXPAYER AND ELECTOR IN :

FULTON COUNTY, AND RANDY H. : SUBMITTED: October 21, 2022

BUNCH, IN HIS OFFICIAL CAPACITY AS :

COUNTY COMMISSIONER OF FULTON :

COUNTY AND IN HIS CAPACITY AS A :

RESIDENT, TAXPAYER AND ELECTOR :

OF FULTON COUNTY, :

:

Appellees :

:

:

v. :

:

:

SECRETARY OF THE COMMONWEALTH, :

:

Appellant :

CONCURRING OPINION

JUSTICE DOUGHERTY DECIDED: April 19, 2023

I join the majority’s excellent opinion without hesitation. After all, it is difficult to

recall a more brazen abuse of the judicial process during my more than two decades on

the bench, nearly fifteen years of which I served on the front lines as a trial judge. I write

only to amplify the majority’s message, the importance of which is unparalleled. And that

message is this: No one — not elected county officials, not Pennsylvania attorneys, and

certainly not out-of-state attorneys who aren’t authorized to practice here — may ignore,

circumvent, or frustrate the orders issued by the courts of this Commonwealth, least of all

this Court. For those who believe otherwise or think the rules don’t apply when an election

is involved, let this case serve to prove just how wrong you are. In fact, let it be known

far and wide that this Court can — and will — exercise the full might of its constitutional

authority against those who seek to delegitimize this Commonwealth’s elections, or its

judiciary. 1

1 In this case replete with troubling conduct by the individual appellees and their counsel,

the actions of Attorney Carroll appear to be especially concerning and problematic, and

my careful independent review of the record reveals the majority’s description is amply

supported. Like the majority, however, I will restrain myself from commenting further, in

recognition of the fact that there is to be additional disciplinary review of Attorney Carroll’s

conduct. See Majority Opinion at 75 (referring Attorney Carroll to the Pennsylvania

Disciplinary Board “for further examination of his conduct throughout the litigation of the

appeal of our stay order and throughout these sanction proceedings”). But I expect the

Disciplinary Board to look at the record just as closely as we have, and I would specifically

recommend the Board examine for their veracity some of the attestations Attorney Carroll

made to this Court in his continuance requests.

[J-46-2022] [MO: Wecht, J.] - 2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.