pa character clause

**magras** · February 29th, 2012, 11:05 AM

Has this ever been challenged? What i mean is has anyone ever tried to get it removed?

**gnbrotz** · February 29th, 2012, 05:49 PM

Originally Posted by magras

Has this ever been challenged? What i mean is has anyone ever tried to get it removed?

It's not something an individual can do. The legislature needs to modify or remove it from law.

**SigForLife** · February 29th, 2012, 10:11 PM

I currently have an appeal challenging it. We just filed the Notice of Appeal to the Commonwealth Court, so I don't anticipate a decision for at least a year...

**gnbrotz** · March 1st, 2012, 07:17 AM

Originally Posted by SigForLife

I currently have an appeal challenging it. We just filed the Notice of Appeal to the Commonwealth Court, so I don't anticipate a decision for at least a year...

While it probably won't affect your case, there is a legislative effort to rescind that portion of statute (HB 2176).

**SigForLife** · March 1st, 2012, 08:55 AM

Thanks, I appreciate that...that was one bill that I was unaware of. Of course, in my case, there were so many errors of law by the Judge, the Commonwealth Court may not even get to the constitutionality of the character clause, since the case law states that the appellate courts must decide non-constitutional issues first.