County of Allegheny v. Commonwealth

OPINION OF THE COURT

FLAHERTY, Justice.

The Pennsylvania State Association of County Commissioners and the Counties of Allegheny, Beaver, Clarion, Forest, Tioga and Washington have filed a Motion to Enforce Judg*9ment in the above captioned case. The movants in this action seek “an Order directing the Commonwealth of Pennsylvania to restore the level of funding existent in 1987 for Common Pleas Courts and district justice offices.” They claim that because the 1992-93 Pennsylvania budget eliminates all sums previously granted for Common Pleas Courts and District Justice Offices, the legislature has “reduced” the prior system of county funding, in contravention of our order.

In County of Allegheny v. Commonwealth we entered judgment for Allegheny County as follows:

[W]e hold that the statutory scheme for county funding of the judicial system is in conflict with the intent clearly expressed in the constitution that the judicial system be unified. The order of Commonwealth Court is vacated and judgment is entered for the County.
However, because this order entails that present statutory funding for the judicial system is now void as offending the constitutional mandate for a unified system, we stay our judgment to afford the General Assembly an opportunity to enact appropriate funding legislation consistent with this holding. Until this is done, the prior system of county funding shall remain in place.

517 Pa. 65, 76, 534 A.2d 760, 765 (1988).

Our 1987 order had nothing to do with levels of funding, but only with the method of funding. Because the instant petition is couched in terms of levels of funding, rather than the method of funding, the question of whether the legislature has violated our order is not squarely before us, for the system of funding is now the same as it was in 1987: the legislature now, as then, may choose or not choose to make contributions to fund county courts.

Accordingly, the motion for enforcement of judgment is denied.

NIX, C.J., files a dissenting opinion. *10LARSEN, J., files a dissenting opinion which is joined by PAPADAKOS, J. PAPADAKOS, J., files a dissenting opinion.