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A Resolution of the County of Allegheny, Commonwealth of Pennsylvania, declaring Council's intention to eliminate funding to the Fifth Judicial District of Pennsylvania within the next seven-year period and urging the General Assembly to carry-out its constitutionally-mandated and court-ordered responsibility to fund the Fifth Judicial District, as mandated by the Supreme Court of Pennsylvania.
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WHEREAS, the Pennsylvania Supreme Court, in County of Allegheny v. Commonwealth of Pennsylvania, 517 PA. 65 (1987) declared that the Pennsylvania statutory scheme which requires counties to fund Pennsylvania's unified judicial system was unconstitutional; and
WHEREAS, despite the fact that the Supreme Court afforded the Pennsylvania General Assembly time to enact appropriate funding legislation in order to comply with the Court's decision, the General Assembly failed to take any action; and
WHEREAS, as a result of the General Assembly's inaction, the Pennsylvania Supreme Court, in Pennsylvania State Association of County Commissioners v. Commonwealth of Pennsylvania, 545 PA. 324 (1996), ordered the General Assembly to “enact a funding scheme for the court system on or before January 1, 1998.”; and
WHEREAS, over a decade has passed since the court-ordered deadline for the General Assembly to fund the unified court system, yet the General Assembly has provided no such funding; and
WHEREAS, since the Supreme Court reaffirmed the unconstitutionality of requiring counties to fund their Courts of Common Pleas in 1996, Allegheny County has expended roughly $488.2 million of the County's revenues in funding the Court of Common Pleas, and in 2008 alone, the Court of Common Pleas received $54.8 million in revenue derived directly from County tax revenues; and
WHEREAS, it is the desire of Council to reduce the tax burden of the County's residents; and
WHEREAS, as a result of the General Assembly's constitutionally-mandated and court-ordered responsibility to fund the unified court system, Allegheny County Council hereby declares its intention to reduce funding to the Court of Common Pleas beginning in fiscal year 2010 and eliminate funding by year 2015 in order to allow the Commonwealth to assume its constitutionally mandated funding of the court system and alleviate the tax burden on the County's residents; and
WHEREAS, while the Council respects and appreciates the hard work, diligent efforts and effectiveness of the Fifth Judicial District and any reduction and subsequent elimination of funding should not be seen as a reflection of the quality of services provided by the Court of Common Pleas and commends the Court on its tradition of judicial excellence, the stark reality remains that the County has a desperate need for the monies that the General Assembly is constitutionally mandated to provide, and it is the desire of Council to create a budgetary framework that allows ample time for reaching an amicable resolution with the Commonwealth;
The Council of the County of Allegheny hereby resolves as follows:
Section 1.
Allegheny County Council urges the Pennsylvania General Assembly to comply with its constitutional duty and the order issued by the Supreme Court of Pennsylvania by enacting the appropriate legislation to provide funding to Pennsylvania's unified judicial system. It is further resolved, that Council intends to reduce funding to the Fifth Judicial District of Pennsylvania beginning in fiscal year 2010 with a complete elimination of funding by year 2015.
Section 2. Severability. If any provision of this Resolution shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Resolution which shall be in full force and effect.
Section 3. Repealer. Any resolution or ordinance or part thereof conflicting with the provisions of this Resolution is hereby repealed so far as the same affects this Resolution.