Pennsylvania Crime Commission v. Doty
Pennsylvania Crime Commission v. Doty
Opinion of the Court
Opinion by
These consolidated proceedings are all concerned with four subpoenas issued by the Pennsylvania Crime Commission directed to John Joseph Bonk, James J. Fallon, Frank J. Beatty and Robert C. Sadowl. Indirectly involved are seizure and forfeiture proceedings concerning 23 Electronically Operated Pinball and Console Amusement Machines v. Commonwealth of Pennsylvania on appeal by the Commonwealth to this Court (No. 481 C.D. 1973) from an order of the Court of Common Pleas of Philadelphia County dismissing preliminary objections to a petition by these same individuals to have a pre-forfeiture hearing to determine the
The subpoenas in question were served
On February 1, 1973, three of the respondents initiated proceedings in the Court of Common Pleas of Philadelphia County, and on February 2, 1973, one respondent initiated identical proceedings in the Court of Common Pleas of Montgomery County in the form of petitions for rule to show cause why the subpoenas should not be quashed. In each proceeding a judge of the respective courts issued a rule returnable three weeks later in Philadelphia and six weeks later in Montgomery County, and issued stay of proceedings in the meanwhile.
On February 9, 1973, the Commission filed in the Supreme Court of Pennsylvania petitions for supersedeas and for writ of prohibition against the respective judges who had entertained the aforesaid proceedings and issued rules thereon, the Commission alleging that they acted beyond a common pleas court’s jurisdiction and power (Nos. 314, 315 Misc. Docket Pa. Supreme Court No. 19).
On March 13 and March 15, 1973, the Commission filed preliminary objections in the respective proceedings before the Philadelphia and Montgomery County
“And Now, this 14th day of March, 1973, the proceedings instantly before the Court of Common Pleas of Philadelphia County, Criminal Trial Division, at Miscellaneous Docket No. 73-00-0326, in John Joseph Bonk, and Jambs J. Fallon, and Frank J. Beatty v. Commonwealth op Pennsylvania, are herewith transferred to the Commonwealth Court for disposition.
By the Court,
s/ Jones, B. R.,
Chief Justice.”
“And Now, this 14th day of March, 1973, the proceedings instantly before the Court of Common Pleas of Montgomery County, Criminal Trial Division, Miscellaneous Docket No. 27, January Term, 1973, in Robert C. Sadowl v. Commonwealth op Pennsylvania, are herewith transferred to the Commonwealth Court for disposition.
By the Court,
s/ Jones, B. R.,
Chief Justice.”
On March 28, 1973, the Commission filed in this Court petitions to enforce the subpoenas
In the consolidated proceedings before this Court we first heard argument on the legal issues raised in the proceedings transferred to this Court by the Supreme Court and on respondents’ preliminary objections to the proceedings initiated in this Court by the Commission. We then received evidence relevant to the latter proceedings which was entirely stipulated. The sufficiency of the evidentiary record to support the enforcement proceedings is questioned by the respondents.
At the outset of the consolidated proceedings hearing we expressed the view that the transfer order of the Supreme Court is susceptible to two interpretations. It could be considered as a direction to this Court to treat said proceedings as though on appeal to this Court, or alternatively, as a direction to treat said proceedings as though they had been originally filed in this Court. In either event, it was our expressed view and is our opinion, that legal issues raised by either interpretation and by the preliminary objections of respondents to the enforcement proceedings initiated by the Commission in this Court could be disposed of in these consolidated proceedings as, taken together, they raise all possible issues of the jurisdiction of common pleas courts and this Court to entertain and act upon petitions to quash subpoenas on the one hand and to enforce subpoenas issued by the Commission on the other.
Respondents’ initial argument on the issue of the jurisdiction of a court of common pleas to entertain proceedings to quash Commission-issued subpoenas advances the maxim that a court whose jurisdiction is
Turning to the issue of subject matter jurisdiction, it is our opinion that neither a court of common pleas nor the Commonwealth Court has jurisdiction to entertain any action or proceedings to quash a subpoena issued by the Pennsylvania Crime Commission under existing statutory law which, as presently in force, affords no power or authority to the Commission to enforce its subpoenas and provides only for judicial enforcement of such subpoenas after noncompliance and upon petition of the Commission. In such judicial proceedings all legal issues surrounding the issuance of the subpoenas and the right of individuals with respect thereto may be aired.
Handed down prior to the creation of the Commonwealth Court and the adoption of the Appellate Court Jurisdiction Act of July 31, 1970, P. L. 673, 17 P.S. §211.101, the decision of the Supreme Court in Cathcart v. Crumlish, 410 Pa. 253, 189 A. 2d 243 (1963), is, in our opinion, decisive of the issue of whether trial courts in Pennsylvania have jurisdiction to entertain actions or proceedings to quash subpoenas issued by an admin
“V/hile this is not the typical case seeking to enjoin criminal proceedings, which the courts have traditionally refused to entertain, nevertheless this action has all the earmarks of an intrusion into law enforcement processes which should be looked upon with great circumspection. Despite the fact that litigants are not always sensitive to this problem, courts should be alert to question the invocation of equitable jurisdiction where its use might obstruct the functioning of the district attorney’s office.
“Even though appellee does not raise the question, as an appellate court we must take cognizance of the lack of equitable jurisdiction in the court below since section 8-409 of the Philadelphia Home Rule Charter prescribes a specific statutory procedure wherein the validity of a subpoena issued under this section may be tested. See Stahl, Attorney General v. Insurance Company of North America, 408 Pa. 483, 486, 184 A. 2d 568 (1962). This section provides for the district attorney to report any non-compliance to a common pleas court which shall promptly hear arguments on the validity of the subpoena. Under the Act of March 21, 1806, P. L. 558, 4 Sm. L. 326, 46 P.S. §156, it has long been held in various contexts that where a remedy or method of procedure is provided by an act, those procedures should be followed exclusively. See, e.g., Knup v. Philadelphia, 386 Pa. 350, 126 A. 2d 399 (1956). Applying this principle to the case before us, we conclude that appellants cannot question the validity of the subpoena until they are called before the common pleas court.
We are also of the opinion that the rationale of Cathcart is applicable to any form of action or proceedings whether asserted in the form of a complaint in equity or otherwise. Furthermore, assuming that an action or proceeding to quash a subpoena issued by the Commission would be cognizable in some court, it would not lie in courts of common pleas. Section 401 of the Appellate Court Jurisdiction Act, 17 P.S. §211.-401, provides that the Commonwealth Court shall have original and exclusive jurisdiction over all civil actions or proceedings against the Commonwealth or any officer thereof acting in his official capacity with certain exceptions not here relevant. Courts of common pleas, therefore, under both the doctrine of Cathcart and the provisions of the Appellate Court Jurisdiction Act do not have subject matter jurisdiction over this class of action or proceedings.
We are further of the opinion that this Court is without jurisdiction to entertain and act in this class of proceedings as we do not view Section 401 of the
A second issue of jurisdiction is raised by respondents’ preliminary objections to the Commission’s enforcement petitions filed in this Court. It involves the question of whether this Court has original concurrent jurisdiction with courts of common pleas in subpoena enforcement proceedings. No purpose would be served in setting forth the applicable statutory law nor our reasoning in concluding that the Commonwealth Court enjoys such jurisdiction. This issue was fully covered in our opinion in In Re: Crime Commission's Subpoena Enforcement Petition, 2 Pa. Commonwealth Ct. 650, aff'd, 446 Pa. 152, 285 A. 2d 494 (1971).
In raising this issue respondents also suggest that we should refrain from exercising our concurrent jurisdiction in the subpoena enforcement proceedings, or at least delay acting upon them, pending the outcome
Finally, respondents argue that the Commission has failed to establish its right to enforcement of the subpoenas in question. As previously noted, the evidentiary record incident to the enforcement proceedings initiated in this Court was entirely stipulated. Although afforded an opportunity, respondents presented no testimony or other evidence whatsoever. As thus stipulated, the record discloses that the subpoenas in question were issued by the Commission and duly served; that the documents sought to be produced were identified by an attachment thereto, as was the purpose and scope of the investigation by copy of Commission resolution adopted incident thereto; and that each of
On several occasions we have considered and decided the quantum of evidence required to be presented by the Commission in enforcement proceedings, the issues that may be raised by a respondent in such proceedings and the burdens upon the respective parties. Pennsylvania Crime Commission v. Nacrelli, 5 Pa. Commonwealth Ct. 551 (1972); In Re: The Petition of the Pennsylvania Crime Commission for an Order to Commonwealth Development Association of Pennsylvania, Inc. to Produce Documentary Evidence, No. 905 C.D. 1971 (not reported). The stipulated record before us supports the Commission’s entitlement to enforcement of the subpoenas.
Accordingly, we enter the following
Order
Now, June 4, 1973, it is hereby ordered, adjudged and decreed:
1. That the Court of Common Pleas of Philadelphia County was and is without jurisdiction to entertain proceedings before it docketed to Criminal Trial Division at Miscellaneous Docket No. 73-00-0326 in John Joseph Bonk, and James J. Fallon, and Frank J. Beatty v. Commonwealth of Pennsylvania; orders of court issued thereunder are hereby vacated as improvidently issued and said proceedings are set aside.
2. That the Court of Common Pleas of Montgomery County was and is without jurisdiction to entertain proceedings before it docketed to Criminal Trial Division Miscellaneous Docket No. 27 January Term, 1973, in Robert C. Sadowl v. Commonwealth of Pennsylvania; orders of court issued thereunder are hereby vacated as improvidently issued and said proceedings are set aside.
4. That the Pennsylvania Crime Commission, having established its entitlement to judicial enforcement of subpoenas, duly issued and served upon respondents, to which respondents failed or refused to respond,
(a) at No. 411 C.D. 1973, John Joseph Bonk shall appear before the Pennsylvania Crime Commission at a time and place to be determined by the Commission, to be sworn and to answer such questions as may be put to him and to produce such documents as directed in the subpoena served upon him.
(b) at No. 412 C.D. 1973, James J. Fallon shall appear before the Pennsylvania Crime Commission at a time and place to be determined by the Commission, to be sworn and to answer such questions as may be put to him and to produce such documents as directed in the subpoena served upon him.
(c) at No. 413 C.D. 1973, Frank J. Beatty shall appear before the Pennsylvania Crime Commission at a time and place to be determined by the Commission, to be sworn and to answer such questions as may be put to him and to produce such documents as directed in the subpoena served upon him.
(d) at No. 414 C.D. 1973, Robert C. Sadowl shall appear before the Pennsylvania Crime Commission at a time and place to be determined by the Commission, to be sworn and to answer such questions as may be put to him and to produce such documents as directed in the subpoena served upon him.
This power of the Commission is pursuant to Section 923 of the Act of April 9, 1929, P. Jj. 177, as added by the Act of July 31, 1968, P. L. 754, 71 P.S. §307-7(9).
There was attached to each subpoena an exhibit identifying the documents sought and a copy of the Commission resolution authorizing and identifying the scope of the investigation.
Footnote 1, supra.
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