HARRISBURG, PA — Pennsylvania’s Attorney General, Michelle Henry, addressed the controversial Act 40 on Thursday, clarifying her office’s position on the legislative mandate that requires the appointment of a special prosecutor for crimes committed on Southeastern Pennsylvania Transportation Authority (SEPTA) property.
In a statement, Henry emphasized that Act 40 was not initiated by the Office of Attorney General. “Our agency did not request such prosecutorial power, nor did it advocate for such power once it was proposed in the General Assembly,” she said.
However, the legislature enacted the statute, and Governor Tom Wolf signed it into law. As Henry pointed out, the law carries a presumption of constitutionality.
While some have questioned the wisdom of Act 40, Henry underscored that it is not within the Attorney General’s purview to judge or challenge the policy underlying the act. The Office of Attorney General lacks the power to declare the statute unconstitutional, a decision that rests solely with the judiciary.
As long as Act 40 remains constitutional, the Office of Attorney General is obligated to carry out this legislative mandate under the Commonwealth Attorneys Act.
The law does not allow any discretion for the Attorney General’s office in appointing a special prosecutor; it demands it. However, due to the narrow constraints set by the legislature, the office has been unable to fulfill this mandate so far.
Henry’s statement comes in response to a complaint by Philadelphia District Attorney Larry Krasner. Her office will provide an official reply as required by court rules.
The impact of Act 40 on Pennsylvanians, particularly those who frequently use SEPTA services, could be profound. If a special prosecutor is appointed, it could result in a more focused approach to addressing crimes on SEPTA property. However, the controversy surrounding the act and the challenges in appointing a special prosecutor add a layer of complexity to an already contentious issue.
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