Opinion

Pirillo v. Pirillo

  • 462 Pa. 511
  • 341 A.2d 896
Court
Supreme Court of Pennsylvania
Filed
Oct 23, 1975
Status
Published
Author
Manderino
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Manderino, Nix
Cited by
85 cases

affirming disqualification of attorney representing twelve police officers subpoenaed to testify in grand jury proceedings on police corruption because attorneys’ fees paid by Fraternal Order of Police, which maintained policy of non-cooperation with government

How later courts described this case

  • affirming disqualification of attorney representing twelve police officers subpoenaed to testify in grand jury proceedings on police corruption because attorneys’ fees paid by Fraternal Order of Police, which maintained policy of non-cooperation with government
  • finding conflict requiring disqualification when legal fees of attorney representing multiple grand jury targets are paid by entity with interests hostile to government cooperation
  • "The secrecy surrounding grand jury proceedings is a mechanism to insure the safety and reputation of witnesses and grand jurors."
  • trial judge, exercising power to control litigation and duty to supervise attorney’s conduct to prevent egregious impropriety, can grant motion to disqualify based on breach of ethics

Written by the judges who cited it.

The opinion

MANDERINO, Justice

(dissenting).

I dissent. The twelve witnesses in this case have knowingly, intelligently, and voluntarily chosen to be represented by the two attorneys who are the petitioners.

*533 The majority’s decision, denying the witnesses their choice of attorneys, is rooted in a presumption that the witnesses are guilty of crimes, even though there is not one shred of evidence in this record to warrant such a conclusion, and even though under state and federal law, the witnesses must be presumed innocent — not guilty. I cannot agree with the novel proposition that the state can deprive a citizen of his right to be represented by the attorney of his choice by speculating that he may be guilty.

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.