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ABRAHAM v. SHAPP

484 Pa. 573 (1979)

400 A.2d 1249

Lynne M. ABRAHAM, Judge of the Municipal Court of Philadelphia, Petitioner, v. Milton J. SHAPP, Governor of the Commonwealth of Pennsylvania, Barton A. Fields, Secretary of the Commonwealth of Pennsylvania, and Louis C. Mete, Commissioner of Bureau of Elections, Commissions and Legislations for the Commonwealth of Pennsylvania, Respondents, and The Honorable John A. MacPhail and the Honorable Richard DiSalle, Intervening Respondents, Pennsylvania Bar Association, Amicus Curiae.

Supreme Court of Pennsylvania.

Decided February 8, 1979.

Opinion May 3, 1979.

Attorney(s) appearing for the Case

Lynne M. Abraham, Philadelphia, pro se.

J. Justin Blewitt, Jr., Acting Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., for respondents.

David B. Fawcett, Jr., Pittsburgh, for Pa. Bar Association, amicus curiae.

Gregory M. Harvey, Philadelphia, for intervenors.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

EAGEN, Chief Justice.

The substantive issue presented in this matter involves the constitutionality of Act No. 1978-257, § 1(b)(3), Pennsylvania Legislative Service (Purdon), 1978 No. 6, p. 866 [hereinafter: Act No. 1978-257, § 1(b)(3)], which provides that 42 Pa.C.S.A. § 3131 shall be amended to read:

"(b) Retention election after initial term by transfer or appointment. — Any of the following may file...

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