Opinion

County of Allegheny v. Commonwealth

  • 517 Pa. 65
  • 534 A.2d 760
  • 1987 Pa. LEXIS 843
Court
Supreme Court of Pennsylvania
Filed
Dec 7, 1987
Status
Published
Author
Papadakos
On the bench
Papadakos, Nix, Larsen, Flaherty, McDermott, Hutchinson
Cited by
48 cases

holding legislative acts requiring counties to fund the local court system to be unconstitutional

How later courts described this case

  • holding legislative acts requiring counties to fund the local court system to be unconstitutional
  • "[I]f court funding is permitted to continue in the hands of local political authorities it is likely to produce nothing but suspicion or perception of bias and favoritism.”
  • “The majority ignores the fact that the county’s taxing power is not separate and independent of the state’s taxing power. Rather, the authority to tax is a power of the state which is delegated by the state to the counties to be exercised by them in accordance with the terms of that delegation.”
  • invalidating statutory scheme requiring counties to fund respective court systems in unified judiciary

Written by the judges who cited it.

The opinion

PAPADAKOS, Justice, dissenting.

I believe that in the spirit of comity among equal branches of government that the Applications of the Governor and the General Assembly of the Commonwealth of Pennsylvania should be granted and we should permit them to argue their positions (in Harrisburg) vis-a-vis the Constitutional argument that they provide full funding for the entire unified Judicial System of Pennsylvania.

NIX, C.J., and McDERMOTT, J., join this dissent.

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.