# Chalfin v. Specter

> Supreme Court of Pennsylvania · October 2, 1967 · 426 Pa. 464

URL: https://www.frixlaw.com/law-library/cases/9757883

## Case

- **Full name:** Chalfin, Appellant, v. Specter
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 2, 1967
- **Citations:** 426 Pa. 464; 233 A.2d 562; 1967 Pa. LEXIS 597
- **Precedential status:** Published
- **Opinion:** Dissent by Eagen
- **Judges:** Bell, C.J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9757883

## How later opinions describe it (automated extraction)

- stating that pros-' ecutorial “powers, functions, [and] duties” involve prosecution'Of crimes committed

## Opinion text

Dissenting Opinion by
Mr. Justice Eagen:
Four of the seven members of this Court, including myself, are convinced that Arlen Specter is subject to the provisions of the Philadelphia Home Rule Charter and that, as a matter of law, he may not be a candidate for Mayor because he has refused to resign as District Attorney.
The Chief Justice, who shares this view, is reluctant to direct that Mr. Specter’s name be stricken from the ballot as a candidate because he feels that previous decisions of this Court misled Mr. ■ Specter. With this I cannot agree. Mr. Specter is no babe-in-the-woods. It was his own conscious attempts to evade the clear provisions of the Charter that gave rise to the unfortunate situation now existing.
*499 Assuming, however, that Mr. Specter was misled in the past, as the Chief Justice believes, he cannot possibly be confused any longer. The law is now clearly defined. Hence, Mr. Specter, who is not above the law, should either withdraw as a candidate or resign as District Attorney. The choice is his. In order to avoid all possible inequities, however, I personally would give him a reasonable time in which to choose.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9757883. Public record. Not legal advice.