In Re Petition for Appointment of Constable Pender

CONCURRING OPINION BY

Senior Judge FEUDALE.

I concur in the result reached by the majority, but write separately to explain why the trial court’s action was not an abuse of discretion. The majority opinion notes that selecting a “suitable” candidate for the Constable vacancy “could best be described as a job interview where the trial court could pick one suitable candidate over another or, absent finding one suitable, none at all.” In re Petition for Appointment of Constable Bernard E. Pender for the 2nd Ward of Allentown, 25 A.3d 453, 455 (Pa.Cmwlth.2011). After a careful review of the transcript it was apparent the applicant’s “resume” as presented at the hearing was “wanting” and did not measure up to the expectations of the trial court.

*458In both of his opinions, the trial court, through the Honorable Judge Robert L. Steinberg, thoughtfully and carefully opined that the record as developed reflected a “background that is checkered.”1 Clearly, Pender’s presentation revealed areas of some success as well as trouble and controversy.

In my view, the essence of Pender’s argument is that based on his requisite education, training, certification and past experience as a Constable, he was “qualified” and thus “suitable.” Such an averment is neither logically nor legally persuasive. If such were correct, Judge Steinberg’s decision in this case would have been relegated to a “ministerial” act.2 While I agree the standard of “suitability” lacks legal definition, the exercise of discretion within one’s judgment and conscience is hard to legally define. Clearly, if there would have been two “qualified” candidates for the position, such would have required the exercise of discretion.

The Pennsylvania Supreme Court has opined that “constables might be said to orbit the Unified Judicial System, although at some distance from the system’s center, as related staff who aid the judicial process but who are not directly supervised by the Courts.” In re Act 147 of 1990, 528 Pa. 460, 465, 598 A.2d 985, 987 (1991). In consideration of the foregoing, it was incumbent upon Judge Steinberg to fill the arguably “related staff’ vacancy with someone he, in his discretion, found both qualified and suitable.

In attempting to prove an abuse of discretion, the challenger must satisfy a heavy burden. Paden v. Baker Concrete Constr. Inc., 540 Pa. 409, 658 A.2d 341 (1995). An abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but “requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or lack of support as to be clearly erroneous.” Commonwealth v. Eichinger, 591 Pa. 1, 31, 915 A.2d 1122, 1140 (2007); Allen v. Thomas, 976 A.2d 1279, 1282 (Pa.Cmwlth.2009); Commonwealth v. Dodge, 957 A.2d 1198, 1202-03 (Pa.Super.2008) (quoting Grady v. Frito-Lay, Inc., 576 Pa. 546, 559, 839 A.2d 1038, 1046 (2003)). In conclusion, nothing in the record reflects that Pender3 has met that heavy burden and an appellate court should not find an abuse of discretion because another court might have reached a different conclusion, (as occurred in Pen-der’s prior appointment in Montgomery County).

. The term "checkered” may be defined as "marked by inconsistent fortune or recurring problems.” Merriam-Webster Dictionary, 122 (New Ed.2004).

. Black’s Law Dictionary defines "ministerial” as "of or relating to an act that involves obedience to instructions or laws instead of discretion, judgment or skill.” Black's Law Dictionary, 1017 (8th Ed.2004).

.Pender intentionally chose and seemed to aspire to work as a constable via appointment as compared to placing his "qualifications” before the electorate.