Commonwealth Ex Rel. Baldwin v. Fisher
Commonwealth Ex Rel. Baldwin v. Fisher
Opinion of the Court
ORDER
AND NOW, this 25nd day of October, 2002, the Order of the Court of Common Pleas of Berks County is hereby affirmed. See Commonwealth ex rel. Baldwin v. Richard, 561 Pa. 489, 751 A.2d 647 (2000).
Dissenting Opinion
dissenting.
Appellant is the owner of a residential rental property which he leased to Terry Guldin and Janelle Houck (“Lessees”). On February 27, 2000, without paying their February rent, Lessees informed Appellant that they were moving from the residence in breach of their lease, which expired in April of 2000. The following day, Appellant entered the premises and transferred several remaining items of personal property, including a television and a VCR, into a barn for temporary storage while the facility was cleaned and prepared for future tenants.
In March of 2000, Appellant was charged with theft by unlawful taking, see 18 Pa.C.S. § 3921(a), stemming from his having moved Lessees’ personal items from the rental property into storage. Appellant pled no contest to the charge and, based upon such plea, was sentenced to twenty-three months of probation and ordered to pay $3,910 in restitution.
Article II, Section 7 of the Pennsylvania Constitution states: No person hereafter convicted of embezzlement of public moneys, bribery, perjury or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth.
Pa. Const, art. II, § 7. Since Appellant was not convicted of embezzlement, bribery, or perjury, the issue is whether he committed an “infamous crime.”
In Commonwealth v. Shaver, 3 Watts & Serg. 338, 1842 WL 4918 (Pa. 1842), this Court delineated the category of infamous offenses as:
treason, felony, and every species of the crimen falsi — such as forgery, subornation of perjury, attaint of false verdict, and other offences of the like description, which involve the charge of falsehood and affect the public administration of justice.
Id., 1842 WL 4918 at *4.
Although this passage in its original context pertained to offenses that would disqualify a person from giving testimony in court — and appeared within a broader discussion of the legal concept of infamy as connoting crimes that disabled a person from serving as a juror or a witness — it was subsequently adopted as a description of infamous offenses for purposes of Article II, Section 7. See, e.g., Petition of Hughes, 516 Pa. 90, 97-98, 532 A.2d 298, 302 (1987). More recently, in Baldwin v. Richard, 561 Pa. 489, 751 A.2d 647 (2000), this Court reiterated the above classification, and continued:
As we see no reason to depart from such an established principle, we reaffirm that a crime is infamous for purposes of Article II, Section 7, if its underlying facts establish a felony, a crimen falsi offense, or a like offense involving the*419 charge of falsehood that affects the public administration of justice.
Our Court has consistently applied this definition without employing a mechanical rule whereby we deem a crime infamous solely on the grounds that it disqualifies one from serving as a juror. Instead we have analyzed the facts and circumstances surrounding the crime and determined whether the offense at issue was akin to those set forth in Shaver.
Id. at 497-98, 751 A.2d at 652 (footnote omitted).'
Presently, the trial court read both Shaver and Richard to dictate that all offenses deemed crimen falsi are assumed to adversely affect the administration of justice when committed by an individual who holds public office. The court reasoned that commission of such crimes “undermines the integrity of the office, thereby affecting the public administration of justice.” Trial Court op., slip op. at 6. The trial court thus concluded that any crimen falsi offense is infamous when committed by an officeholder. This incorrectly states the rule, however, as the Shaver classification requires that, to be infamous, the underlying crimen falsi offense itself must affect the public administration of justice. See, e.g., In re Braig, 527 Pa. 248, 252 n. 4, 590 A.2d 284, 286 n. 4 (1991) (observing that, under the Shaver rule, bribery is only infamous if its purpose is to obstruct justice).
As the common law rules rendering individuals convicted of certain crimes incompetent to serve as witnesses were removed by legislation, see generally Richard, 561 Pa. at 497-98 n. 12, 751 A.2d at 652 n. 12, it became necessary as an evidentiary concern to broaden the scope of prior offenses available to impeach a witness’s credibility under the rubric of “crimen falsi.” For example, in recent years, there has been a tendency to view the dishonest intent inherent in theft generally as implicating this modern crimen falsi classification, see, e.g., Commonwealth v. Paddy, 569 Pa. 47, 80, 800 A.2d 294, 314 (2002), with the result that theft by unlawful taking is now an appropriate basis for impeachment of a witness, see Commonwealth v. Baxter, 537 Pa. 41, 46, 640 A.2d 1271, 1273 (1994), although it does not necessarily involve any deception. Compare 18 Pa.C.S. § 3921 (defining theft by unlawful taking), with 18 Pa.C.S. § 3922 (defining theft by deception).
The record contains conflicting indications concerning whether Appellant was convicted of a felony or a misdemean- or. Although the trial court’s opinion suggests that he was convicted of misdemeanor level theft,
. In his Answer and New Matter, and in deposition testimony, Appellant maintained that, on February 27, 2000, he had seen a moving van at the property, and that when he entered the premises the following day, it appeared that Lessees had moved out but had left behind the personal items that he eventually transferred into storage.
. The trial court observed that, whether Appellant intended to convert the property to his own use, or whether his actions were instead a "misguided attempt at self help,” is rendered irrelevant by the conviction.
. Quo warranto is the proper means by which to test title or right to public office. See In re Bd. of Sch. Directors of Carroll Township, 407 Pa. 156, 157-58, 180 A.2d 16, 17 (1962).
. The trial court in Richard had defined constitutionally infamous crimes as those offenses which would specifically render a person incapable of serving as a juror. See Richard, 561 Pa. at 494, 751 A.2d at 650.
. To the extent that the first paragraph of Richard quoted above can be read to expand the list of constitutionally infamous crimes to include all crimen falsi offenses whether or no1 1hey tend to have an effect on the public administration of justice, the second paragraph clarifies that no such broadening of the scope of constitutional infamy was intended.
. See generally Stuart P. Green, Deceit and the Classification of Crimes: Federal Rule of Evidence 609(a)(2) and the Origins of Crimen Falsi, 90 J.Crim L. & Criminology 1087, 1119 (2000)(criticizing the inclusion of theft within the class of crimes deemed crimen falsi).
. Notably, as well, (lie facts underlying the present matter are less severe than those in Richard. In that case a borough councilman had held his former girlfriend at gunpoint in a car for three hours, and was subsequently convicted of unlawful restraint, terroristic threats, reckless endangerment, firearms violations, and other offenses. See Richard, 561 Pa. at 493, 751 A.2d at 649. Thus the appellant had deprived his victim of her liberty and placed her at serious risk of physical harm. We nonetheless determined that he was not constitutionally barred from holding public office. See id. at 500, 751 A.2d at 653. The conduct of the present Appellant, by contrast, affected the proper disposition of several items of personal property.
. In their briefs on appeal, the parties also agree that Appellant was only convicted of a misdemeanor.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.