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PASSARO v. PA. BD. OF PROB. AND PAROLE.

Nos. 256 and 302 Miscellaneous Docket, No. 2.

56 Pa.Commw. 32 (1981)

Mario A. Passaro, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Richard Lee Barnett, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole et al., Respondents. Cumberland County Office of the Public Defender, Taylor P. Andrews, Public Defender, and Fulton County Office of the Public Defender, James Schall, Public Defender, Additional Respondents.

Commonwealth Court of Pennsylvania.

January 9, 1981.

Attorney(s) appearing for the Case

Thomas M. Place, for petitioner, Mario A. Passaro.

Thomas M. Place, with him Richard Lee Barnett, for petitioner, Richard Lee Barnett.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondent.

Taylor P. Andrews, for Amicus Curiae, Public Defender Association of Pennsylvania.

John H. Broujos, for Amicus Curiae, County of Cumberland.

John R. Merrick, for Amicus Curiae, Public Defender of Chester County.

Louis M. Natali, Jr., First Assistant Defender, with him Benjamin Lerner, Chief Defender, for Amicus Curiae, Defender Association of Philadelphia.

Submitted on briefs to President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR.

OPINION BY PRESIDENT JUDGE CRUMLISH, January 9, 1981:

In these consolidated appeals from orders of the Pennsylvania Board of Probation and Parole, we must determine whether or not the county of conviction or incarceration is ultimately responsible for the provision of legal counsel during a parole revocation hearing. We must conclude that this responsibility properly lies with the county of incarceration.

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