The state Superior Court is set to decide whether the Pennsylvania Attorney General’s policy to refuse ARD for all persons charged with tax-related crimes constitutes an abuse of discretion, according to a Pennsylvania attorney whose client learned about the policy firsthand.
The appeal follows a Huntingdon County judge’s decision to grant ARD to Karen S. Rush, whom the state charged with a handful of tax offenses stemming from her operation of a Western Pennsylvania Domino’s Pizza franchise. In an opinion last month, President Judge Stewart L. Kurtz said the attorney general’s policy was “unrelated to the protection of society and/or the likelihood of a person’s success in rehabilitation” and, therefore, an abuse of discretion.
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