Glen Mills Schools v. Court of Common Pleas
Glen Mills Schools v. Court of Common Pleas
Opinion of the Court
OPINION OF THE COURT
This matter is before us on a petition brought by Glen Mills Schools (Glen Mills) for a writ of prohibition directed
The facts of this case are as follows: Christopher T., a juvenile, age 17, was taken into custody on March 29, 1986 and charged with robbery, theft, receiving stolen property, simple assault and criminal conspiracy. On August 26, 1986, Christopher T. was adjudicated delinquent on all charges. Following the adjudication, the juvenile was referred to Glen Mills Schools pending a dispositional hearing. On September 4, 1986, Christopher T. was ordered committed to the Glen Mills Schools residential program. A review date was set for November 6, 1986.
Glen Mills Schools is a private non-profit corporation that provides a residential program for adjudicated male delinquents between the ages of 14 and 18. The Glen Mills program provides an open environment, without guards, cells or high walls. Those young men accepted into the program are by referral pursuant to a contract between Glen Mills Schools and the City of Philadelphia. Because of
The petitioner, Glen Mills, asserts that the fire-setting disqualification was adopted to protect the lives and safety of the more than 500 juvenile residents and the staff of the school. Additionally, if those who have exhibited a proclivity to set fires were admitted or tolerated in the school, Glen Mills would be required to alter its open environment and therapeutic agenda. The thrust of the program would be changed and the unique character of the school destroyed. This would have an adverse impact upon the juvenile rehabilitation work performed by Glen Mills.
In preparing for the 60-day review scheduled for November 6, 1986, Christopher T. was the subject of a comprehensive report and psychological evaluation. During an interview with the school psychologist, Christopher T. candidly admitted that in 1982 he and three accomplices had tried to set fire to a junior high school he was attending. He related that the attempt was made by making a gasoline fire-bomb and throwing it through a window of the school in the early evening hours. He stated that the attempt was unsuccessful in that the fire-bomb failed to ignite a fire as planned. He also related that on numerous occasions he had set fire to a trash can on the grounds of another school.
The petitioner, Glen Mills Schools, brought this petition for a writ of prohibition alleging, inter alia, that the lower court’s continuing commitment order, which forces Glen Mills to keep Christopher T. in the school, violates the contract between Glen Mills and the City of Philadelphia. Further, the court’s order contravenes the published admission procedures and the juvenile retention policies of the petitioner school. Glen Mills avers that the lower court’s order amounts to an abuse of jurisdiction.
In considering the nature of the writ of prohibition sought by Glen Mills in this case, we note our opinion in Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 61 A.2d 426 (1948), where we said:
Prohibition is a common law writ of extremely ancient origin____
Its principal purpose is to prevent an inferior judicial tribunal from assuming a jurisdiction with which it is not legally vested in cases where damage and injustice would otherwise be likely to follow from such action. It does not seek relief from any alleged wrong threatened by an adverse party; indeed it is not a proceeding between private litigants at all but solely between two courts, a superior an an inferior, being the means by which the former exercises superintendance over the latter and*315 keeps it within the limits of its rightful powers and jurisdiction.
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The writ of prohibition is one which, like all other prerogative writs, is to be used only with great caution and forebearance and as an extraordinary remedy in cases of extreme necessity to secure order and regularity in judicial proceedings if none of the ordinary remedies provided by law is applicable or adequate to afford relief.
Beyond the situation where the lower court wholly lacks jurisdiction in a matter, a writ of prohibition is proper where the inferior tribunal abuses its jurisdiction. In Capital Cities Media, Inc. v. Toole, 506 Pa. 12, 483 A.2d 1339 (1984), Chief Justice Nix, writing for the Court, observed:
In addition to total absence of jurisdiction, our cases have extended the application of the writ of prohibition to encompass situations in which an inferior court, which has jurisdiction, exceeds its authority in adjudicating the case. This latter situation has been termed an “abuse of jurisdiction.” Philadelphia Newspapers, Inc. v. Jerome, 478 Pa. 484, 387 A.2d 425 (1978), appeal dismissed, 443 U.S. 913, 99 S.Ct. 3104, 61 L.Ed.2d 877 (1979); Commonwealth v. Mullen, 460 Pa. 336, 333 A.2d 755 (1975); Commonwealth v. Smart, 368 Pa. 630, 84 A.2d 782 (1951); Schlesinger Petition, 367 Pa. 476, 81 A.2d 316 (1951); McNair’s Petition, 324 Pa. 48, 187 A. 498 (1936)....
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The criteria for granting a writ of prohibition are satisfied by meeting a two-pronged test derived from the language of Carpentertown Coal, supra. In re Reyes, 476 Pa. 59, 381 A.2d 865 (1977); Commonwealth ex rel. Specter v. Shiomos, 457 Pa. 104, 320 A.2d 134 (1974). First, it must be established that there is no adequate remedy at law to afford relief; second, there must be extreme necessity for the relief requested to secure order and regularity in judicial proceedings. Spykerman v. Levy, 491 Pa. 470, 421 A.2d 641 (1980); In re Investigat*316 ing Grand Jury of Philadelphia County, 487 Pa. 68, 408 A.2d 1099 (1979); In re Reyes, supra; Pirillo v. Takiff 462 Pa. 511, 341 A.2d 896 (1975) cert. denied and appeal dismissed, 423 U.S. 1083, 96 S.Ct. 873, 47 L.Ed.2d 94 (1976); Commonwealth ex rel. Specter v. Shiomos, supra; Petition of Specter, 455 Pa. 518, 317 A.2d 286 (1974); Carpentertown Coal, supra.
Glen Mills argues: (a) that the lower court lacks statutory authority to order Glen Mills, a private school, to accept and keep Christopher T. in its program in direct contradiction of Glen Mill’s contract with the City of Philadelphia and the admissions and retention policies of Glen Mills;
Under the provision of the contract between Glen Mills and Philadelphia, Glen Mills “reserves the right to determine the suitability of a child and family for its services.”
It is argued that the petition for a writ of prohibition should be denied because Glen Mills has an adequate remedy at law by way of appeal or intervention and appeal. We disagree. Appeal or intervention and appeal, under the facts of this case are inadequate.
. It is the position of Glen Mills that although Section 6352 of the Juvenile Act (42 Pa.C.S.A. § 6352) permits the court to commit a juvenile to an institution or "other facility for delinquent children operated under the direction or supervision of the court or other public authority and approved by the Department of Public Welfare,” the court is not vested with authority to force Glen Mills, a private school, to accept custody of a juvenile where the juvenile fails to meet the published admissions criteria and retention policies of the school.
. This reservation of right is set forth in clause IV, 15(c) of the contract dated June 27, 1986, between the City of Philadelphia and Glen Mills Schools.
. It is difficult to tell from the record in this case but it is more than possible that by the time an appeal could be heard, the juvenile would be ready for discharge.
Concurring Opinion
concurring.
I join the majority’s view with respect to the importance of the issue, the difficulty of other remedies and the necessity for prompt action in this matter. However, I suggest our general power of plenary jurisdiction, 42 Pa.C.S. § 726, relaxes to some extent the strict common law constraints upon the writ of prohibition, which lay only where there was an absence of jurisdiction in the inferior court.
Reference
- Full Case Name
- GLEN MILLS SCHOOLS, Petitioner, v. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, Respondent
- Cited By
- 14 cases
- Status
- Published