[J-100-2025] [MO: McCaffery, J.]

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: APPOINTMENT TO FILL A : No. 51 MAP 2025 VACANCY IN THE OFFICE OF COUNTY : COMMISSIONER : Appeal from the July 18, 2025, order : of the Commonwealth Court at Nos. : 653 and 697 CD 2025 affirming the APPEAL OF: LACKAWANNA COUNTY : order of the Lackawanna County AND WILLIAM GAUGHAN : Court of Common Pleas at No. : 2025-CV-2692. : : SUBMITTED: September 23, 2025

CONCURRING OPINION

CHIEF JUSTICE TODD DECIDED: October 20, 2025 I agree with the majority that Pa.R.J.A. 1908 and Lackawanna County Home Rule Charter § 1-2.206 do not conflict, and that we should affirm the Commonwealth Court on that basis. As a result, in my view, we need not and should not address whether, if the provisions did conflict, Section 1-2.206 would violate separation of powers principles. See Commonwealth v. Herman, 161 A.3d 194, 209 (Pa. 2017) (applying “sound tenet of jurisprudence” that courts should avoid constitutional issues when the question may be decided on other grounds). Accordingly, I join only the majority’s resolution of the conflict issue.

Justice Wecht joins this concurring opinion.