IN THE COMMONWEALTH COURT OF PENNSYLVANIA Larry Krasner, in his official capacity : as the District Attorney of : Philadelphia, : Petitioner : : v. : No. 563 M.D. 2022 : Senator Kim Ward, in her official : capacity as Interim President Pro : Tempore of the Senate; : Representative Timothy R. Bonner, : in his official capacity as an : impeachment manager; : Representative Craig Williams, in : his official capacity as an : impeachment manager; : Representative Jared Solomon, in : his official capacity as an : impeachment manager; and : John Does, in their official capacities : as members of the Senate : Impeachment Committee, : Respondents : Argued: December 29, 2022 BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE ELLEN CEISLER, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE CEISLER FILED: January 12, 2023 Petitioner Larry Krasner, in his official capacity as the District Attorney of Philadelphia (District Attorney), has filed a Petition for Review in the Nature of a Complaint for Declaratory Judgment (PFR) in this Court’s original jurisdiction. Through this PFR, Krasner seeks a judicial declaration against Respondents Senator Kim Ward, in her official capacity as Interim President Pro Tempore of the Senate (Interim President);1 Representatives Timothy R. Bonner, Craig Williams, Jared Solomon, and John Does, in their official capacities as members of the Senate Impeachment Committee (collectively, Respondents), that the impeachment proceeding against him, which is currently pending in the General Assembly, is unlawful and unconstitutional. Respondents Representatives Timothy R. Bonner, and Craig Williams, in their official capacities as impeachment managers (collectively, Impeachment Managers), have filed preliminary objections to the PFR.2 Additionally, Interim President has filed a Cross-Application for Summary Relief (Cross-Application).3 Finally, Proposed Intervenor Senator Jay Costa, in his official capacity (Proposed Intervenor), has filed an Application for Leave to Intervene (Intervention Application). After thorough review, we grant Proposed Intervenor’s Intervention Application, overrule Impeachment Managers’ preliminary objections in full, grant District Attorney’s Application for Summary Relief in part and deny it in part, and grant Interim President’s Cross-Application in part and deny it in part. I. Facts and Procedural History On November 16, 2022, the Pennsylvania House of Representatives (House) passed House Resolution 240 (HR 240), which contained amended articles of 1 Interim President was elected President Pro Tempore of the Senate on January 3, 2023. 2 The other impeachment manager, Representative Jared Solomon, in his official capacity as an impeachment manager, filed a notice of non-participation in this action. 3 Interim President’s Cross-Application comes after her initial filing of an answer with new matter. 2 impeachment (Amended Articles) against District Attorney, by a vote of 107 to 85. The Amended Articles provide the following bases for impeaching District Attorney: Article I: Misbehavior in Office In the Nature of Dereliction of Duty and Refusal to Enforce the Law Article II: Misbehavior in Office In the Nature of Obstruction of House Select Committee Investigation Article III: Misbehavior in Office In the Nature of …
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