Commonwealth ex rel. Specter v. Bauer

Dissenting Opinion by

Mr. Justice Cohen :

In this equity action the District Attorney is ashing us to determine whether the City Solicitor is the proper person to represent him in proceedings before the federal court or whether he may represent himself. In the federal court action both sides made motions to strike each other’s appearance on behalf of the District Attorney, and the court dismissed both motions. A majority of this Court states, in footnote 2, that the state courts can properly decide who, under state law, is to represent the District Attorney. “The federal court, or any court,…