A Court Goes to Court

Faced with steeply rising costs for clerks, probation officers and the like, Philadelphia's Court of Common Pleas asked the city council for an extra $5,230,817. The money, argued the court's judges, was essential to the orderly administration of justice. Turned down, the judges took unusual action: the court went to court, seeking a writ ordering the city to pay.

In a remarkable decision, the Pennsylvania Supreme Court has just found for the Philadelphia judges. Because the three branches of state government are coequal, said the court, "the independent judiciary must possess rights and powers coequal with its functions and duties, including the right and power to protect itself against any impairment thereof." To the city's plea of poverty, the court said: "The deplorable financial conditions in Philadelphia must yield to the constitutional mandate that the judiciary shall be free and independent and able to provide an efficient and effective system of justice. The court does not have unlimited power to obtain from the city whatever sums it would like. Its wants and needs must be proved by it to be 'reasonably necessary,' and this is always subject to court review."

Political Compromise. Even though the state court trimmed the final award to $1,365,555, the city objected to the precedent. It has already asked for a rehearing, vowing to go to the U.S. Supreme Court if necessary. The city council's majority leader, George Schwartz, contends that the decision, in effect, gives courts the right to raise taxes in violation of the separation of powers. According to City Solicitor Levy Anderson, "Elected representatives have the responsibility to determine how much taxation to impose on residents and how to allocate the proceeds for various municipal services and obligations."

Whatever the legal outcome, the ultimate result is likely to be some sort of political compromise. The U.S. system operates best with what the Pennsylvania court called "harmonious cooperation" among the three branches of government. Although the Philadelphia case gives courts some unexpected financial clout, the city council will hardly give up the purse strings. It can always force the court to go to court again if it wants more money than the city is willing to give.

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