Over the last few years a string of lower court opinions found Pennsylvania’s wrongful use of civil proceedings act, known as the Dragonetti Act, represents an unconstitutional usurpation of the Supreme Court’s sole authority to regulate attorney conduct. Chester County Court of Common Pleas Judge Edward Griffith issued the first decision, which held the Dragonetti Act is unconstitutional as applied to lawyers in Villani v. Seibert, No. 2012-09795 (Chester Ct. Com. Pl. 2015). Griffith noted the Dragonetti Act legislates conduct the Supreme Court regulates. The reasoning and holding of Griffith was examined and adopted by Judge Mark L. Tunnell of Chester County, who also found the Dragonetti Act is unconstitutional as applied to lawyers, in Estate of Smith v. Freehand H.J, No 2011-04211 (Chester Ct. Com. Pl. 2015). Judge Douglas Reichley of Lehigh County also found the Dragonetti Act is unconstitutional in Eidelman v. Timoney Knox, No. 2016-C-0132 (Lehigh Ct. Com. Pl. 2016).
On April 26, a divided Pennsylvania Supreme Court overturned the trial court opinion in Villani v. Seibert, No. 66 MAP 2016 (Pa. 2017), and determined the Dragonetti Act is not unconstitutional. The majority opinion in Villani was authored by Chief Justice Thomas Saylor, joined by Justices Max Baer, Debra Todd, Kevin Dougherty and Sallie Mundy. Baer and Todd also wrote concurring opinions. Justice David Wecht joined Baer’s concurrence “in substance,” but did not join the majority opinion. Justice Christine Donohue filed a vigorous and lengthy dissent.
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