PHILADELPHIA, Feb. 21 LAWFUEL – The Law News Network – The Philadelphia Bar Association filed a brief as a friend of the court today in support of the judicial
litigants seeking to declare as unconstitutional PA Act 72, which rolled back
pay raises for certain elected officials, including pay raises for judges, but
which did not lower the salaries of numerous other state officers. The brief
emphasizes the Association’s mission to preserve and protect judicial
independence, and calls for the Supreme Court of Pennsylvania to ensure that
the judges of the state can perform their duties without worry of political
reprisals affecting their compensation.
The Supreme Court of Pennsylvania has agreed to hear a King’s Bench appeal
to determine if PA Act 72 violates Article V, Section 16 of the Pennsylvania
Constitution, which states “Justices, judges and justices of peace shall be
compensated by the Commonwealth as provided by law. Their compensation shall
not be diminished during their terms of office, unless by law applying
generally to all salaried officers of the Commonwealth.” Marc J. Sonnenfeld,
a partner at Morgan, Lewis & Bockius LLP, along with Thomas V. Ayala and
Timothy D. Mygatt, are representing the Association. In addition to filing
the brief a request has been made to present oral argument before the Court.
The brief supports the case of The Honorable Charles C. Brown, Jr., The
Honorable Fran T. Hazel, The Honorable Robert E. Kunselman, The Honorable
Benjamin Lerner, The Honorable William A. Meehan, The Honorable Timothy
Patrick O’Reilly and The Honorable Joseph A. Smyth, Applicants, v.
Commonwealth of Pennsylvania, et al.
A copy of the brief is available at http://www.philadelphiabar.org.
