555 A.2d 273 | Pa. Commw. Ct. | 1989
Opinion by
This is an appeal by Erie County (County) from an ex parte order of the Court of Common Pleas of Erie County (common pleas court) directing the County to pay certain counsel fees.
The issues involved in the present action have their genesis in the case of In the Matter of the Appointment of Thomas P. Antolik (Antolik I), 93 Pa. Commonwealth Ct. 258, 501 A.2d 697 (1985). Antolik I involved the anti-nepotism provision (nepotism rule) of the Personnel Code of Erie County.
After the Supreme Court of Pennsylvania denied allocatur the law firm presented a bill to the Judges. The Judges reviewed and approved the bill and forwarded it to the County Executive for payment. The County Executive denied payment and stated that the unified judicial system of the Commonwealth of Pennsylvania was responsible for payment of the counsel fees. The Judges submitted the bill to the Court Administrator of Pennsylvania who agreed with the Judges that the County was the responsible party. The bill was then presented a second time to the County Executive, who again denied responsibility and declined payment. On November 18, 1987, the common pleas court entered an ex parte order requiring the County to pay the law firm the counsel fees that were owed. The County appeals from that order.
On appeal the County argues that: I) the common pleas court violated the County’s right to due process when it entered an ex parte order requiring the County' to pay the Judges’ counsel fees; 2) the Judges do not have standing to seek an award of counsel fees for the law firm; and 3) the County, an unsuccessful litigant in the prior proceeding, is not liable for the counsel fees of the prevailing party.
[i]s not so absolute as to allow a court to make a unilateral determination of need, and then order, through its judicial prerogative, the implementation of those steps deemed essential to the satisfaction of that need. This power merely permits the court, which views the executive and/or legislative action or nonaction to impair the judicial function, to raise a case or controversy, and present its argument before a disinterested forum.
In the present case, the common pleas court issued an ex parte order which failed to comply with the procedure approved by the Supreme Court. Establishment of
Therefore, the order of the court of common pleas is vacated and we remand with leave to the Judges to file a complaint in accordance with the Pennsylvania Rules of Civil Procedure and Rules of Court.
Order
Now, March 1, 1989, the order of the Court of Common Pleas of Erie County, at C.O. No. 111-1987 dated November 18, 1987, is hereby vacated and remanded for further adversary proceedings.
Jurisdiction relinquished.
Section 10(G) of the Erie County Personnel Code relevantly provides: “[0]ne member of an immediate family may not supervise any other member of the same family.”
Our Supreme Court has recognized the inherent power of the courts of this State to intervene in questions of financial appropriation where such intervention is necessary to insure the efficient administration of the judicial system. Commonwealth ex rel. Carroll v. Tate, 442 Pa. 45, 274 A.2d 193 (1971); Leahey v. Farrell, 362 Pa. 52, 66 A.2d 577 (1949).
Because of our disposition of the County’s first argument we do not reach the merits of the County’s remaining arguments.