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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | April 7, 2015 02:40 PM |
|---|---|
| From: | Senator John R. Gordner |
| To: | All Senate members |
| Subject: | Proposed Legislation Reestablishing the Independent Counsel Authorization Act |
| In the near future, I will be introducing legislation which reestablishes the now-lapsed Independent Counsel Authorization Act. As you are aware, the Pennsylvania Supreme Court recently held that a court of common pleas judge acted within his authority to appoint independent counsel. The purpose of appointing independent counsel was to investigate and present evidence to an empanelled grand jury of information allegedly leaked from a previous grand jury by the sitting Attorney General – violating grand jury secrecy rules. In affirming this action, Chief Justice Tom Saylor, writing for the majority, held the following: “Although the structure imposed by the now-lapsed Independent Counsel Authorization Act or a statutory analogue might be preferable, we conclude that the prevailing absence of statutory guidance is not disabling in terms of the essential appointment power of grand jury supervising judges.” Further, Justice Correale Stevens, in a concurring opinion, urged the General Assembly to take action opining that: “In light of the now-lapsed Independent Counsel Authorization Act…and the absence of an analogous statute providing Legislative guidance as to the manner and structure of such appointments, I write separately to urge the Legislature to revisit this matter.” This legislation will provide the legislative guidance that Justice Stevens has requested. By way of background, the Independent Counsel Authorization Act was enacted in 1998. The legislation included a five year sunset date and absent action by the General Assembly, the act expired in 2003. During my tenure in the House of Representatives, I was a cosponsor on the original legislation which provided for the Independent Counsel Authorization Act. Thank you for your consideration and please feel free to contact my office if you have any questions regarding this proposed legislation. |
Introduced as SB1031