PSJAC files challenge to HB 1644

On Wednesday, Jan. 11, 2012, the PA State Association of Jury Commissioners (PSAJC) filed a Complaint in the Commonwealth Court of Pennsylvania in a challenge to Governor Corbett's signing of HB 1644 on Dec. 15, 2011. HB 1644 empowers County Commissioners with the authority to abolish the Office of Jury Commissioner with a simple majority vote.

"This unprecedented empowerment of the Executive Branch of County Government overturns nearly 144 years of prospective juror selection reform in Pennsylvania, and sends a chill wind of challenge against the Separation of Powers Doctrine embodied in both the U.S. and Pennsylvania Constitutions," says Larry A. Thompson, a Jury Commissioner in Butler County and President of the PA Sate Association of Jury Commissioners.

Prior to 1868, the County Sheriff and the County Commissioners were responsible for the selection and development of jury lists and the summoning of prospective jurors. Over time, the concentration of these vital responsibilities in two high profile and partisan political offices, gave rise to concerns as to the true impartiality and overall integrity of the entire jury selection process. As a result, Pennsylvania Governor Andrew Curtin, in 1868, signed legislation creating the elective Office of Jury Commissioner in the various counties.

Under the reform measures of 1868, two elected Jury Commissioners and the President Judge comprise the County Jury Selection Board (Commission). The President Judge serves as Commission Chairman and represents the Court. The two elected Jury Commissioners form the working and voting majority of the Commission, and represent the people. The elected Jury Commissioners cannot be members of the same political party.

Within the jury selection process, the elected Jury Commissioners exercise sole proprietary oversight over the selection and development of jury lists, and the summoning and selection of prospective jurors to serve the needs of the Court," Thompson says. "The PSAJC does not intend to stand idly by and see this system dismantled by a simple majority vote of the County Commissioners."

The PSAJC is challenging HB 1644 on several points. First, the Executive and Legislative Branches of State Government have established a procedure to abolish the Office of Jury Commissioner. HB 1644 empowers the County Commissioners, which act as both the Executive and Legislative Branches of County Government, to abolish a statewide office. The current law would allow the County Executive Branch to also interfere with the prospective jury selection process, a court related function.

A second concern is that HB 1644 violates the Separation of Powers Doctrine and the (PA) Unified Judicial System, since it is apparently transferring the jury selection process to the County Executive and Legislative Branches. Under Article V, Section 19 (c) of the Pennsylvania Constitution, only the Supreme Court has the authority to regular the judiciary and legal profession. The independence and integrity needed to insure a fair and impartial prospective jury selection process would be abolished if the County Commissioners vote.

A third concern is that HB 1644 violates the sing subject requirement of the Pennsylvania Constitution (Article III, Section 3). The Pennsylvania Constitution states: "No Bill shall be passed containing more than one subject, which shall be clearly expressed in its title, except a general appropriation bill or a bill codifying or compiling the law or a part thereof." A reading of HB 1644 will clearly reveal that it is a multi-subject Bill, in clear violation of Article III, Section 3 of the Pennsylvania Constitution.

Defendants names in the PSAJC Filing in Commonwealth Court have been ordered to file an answer to the PSAJC Motion for preliminary and injunctive relief by Jan. 21, 2012. Named defendants are the Commonwealth of Pennsylvania, Governor Tom Corbett and Linda Kelly, Attorney General of Pennsylvania.

The PA State Association of Jury Commissioners respectfully requests that all inquiries be referred to Mr. Samuel C. Stretton, Lead Counsel. His contact information is as follows: Mr. Samuel C. Stretton, Attorney At Law, 301 South High Street, P.O. Box 3231, West Chester, Pa. 19381-3231 (610) 696-4243 Fax (610) 696-2919 or s.stretton@verizon.net.