WHEREAS, The First Judicial District of Pennsylvania
is
part of the unified judicial system of the Commonwealth of Pennsylvania, ultimately subject to the direction and control of the Pennsylvania Supreme Court; and
WHEREAS, The Pennsylvania Supreme Court decided in
County of Allegheny v. Commonwealth of Pennsylvania,
517 Pa. 65,534
A.2d 760 (1987), that the statutory scheme obligating the counties to fund courts within their judicial system was void as violative of the Pennsylvania Constitutional mandate for a unified judicial system, and afforded the Pennsylvania General Assembly the opportunity to enact appropriate funding legislation; and
WHEREAS, The Pennsylvania General Assembly has failed to enact such appropriate funding legislation; and
WHEREAS, The City of Philadelphia provides funding for the First Judicial District of Pennsylvania, which in the Fiscal Year 2004 will be in the estimated amount of $115 million; now, therefore,
BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That this legislative body calls on the Pennsylvania General Assembly to fully fund the First Judicial District of Pennsylvania in compliance with the Pennsylvania Supreme Court's decision in
County of Allegheny v. Commonwealth of Pennsylvania,
517 Pa. 65, 534 A.2d 760 (1987).
FURTHER RESOLVED, That the Chief Clerk shall forward a copy of this Resolution to the Pennsylvania General Assembly for their consideration and action.
End