In re Fry

CONCURRING/DISSENTING OPINION BY

Judge McCULLOUGH.

I agree with the Majority’s conclusion that In re Hunter, 782 A.2d 610 (Pa.Cmwlth.2001), requiring a constable to show need in order to appoint a deputy under 44 Pa.C.S. § 7122, should be overruled. I write separately to address the remaining issues decided in the Majority’s opinion.

While the Majority recognizes the absence of authority for a “needs test,” I join the reasoning in the dissenting and concurring opinion authored by Judge Leavitt and believe that the Majority’s crafting of a “suitability” test similarly imposes a burden of proof…