Amaker v. Bd. of Probation & Parole

OPINION

NIX, Chief Justice.

In the instant appeal we are faced once more with the question of whether the Commonwealth Court properly assessed attorney’s fees for the filing of a frivolous appeal. In Smith v. Pennsylvania Board of Probation and Parole, 524 Pa. 500, 574 A.2d 558 (1990), we determined that an appellate court had the power to assess attorney’s fees against court-appointed counsel who had filed a frivolous appeal. However, for the following reasons, we find that the appeal brought before the Commonwealth Court in this case was not frivolous, and we reverse the Order of the…