In re: Appointment to Fill a Vacancy

Summary

This concurring opinion addresses whether Pennsylvania Rule of Judicial Administration 1908 conflicts with Lackawanna County Home Rule Charter § 1-2.206 concerning appointment to fill a county commissioner vacancy. Chief Justice Todd agrees that the provisions do not conflict and concludes that the court should not reach the alternative separation-of-powers issue; Justice Wecht joins the concurrence.

Holdings

1. Pa.R.J.A. 1908 and Lackawanna County Home Rule Charter § 1-2.206 do not conflict.
2. The court should not address whether Lackawanna County Home Rule Charter § 1-2.206 would violate separation-of-powers principles if the provisions conflicted, because the case can be resolved on the nonconstitutional conflict issue.

Questions Presented

1. Whether Pa.R.J.A. 1908 and Lackawanna County Home Rule Charter § 1-2.206 conflict.
2. Whether the court should reach the constitutional question of whether § 1-2.206 violates separation-of-powers principles if the provisions conflict.

Disposition

affirmed