Court ordered to evaluate gaming board appointment

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Monday, Oct. 18, 2004 | 9:27 a.m.

HARRISBURG, Pa. -- The Pennsylvania Supreme Court has ordered a lower court to evaluate whether former state Rep. Jeffrey W. Coy can serve on the state gambling commission.

State Attorney General Jerry Pappert challenged Coy's appointment, arguing that the state constitution prevents Coy from taking the $145,000-a-year commission job until his term as a lawmaker expires Nov. 30.

In a Sept. 27 decision, Commonwealth Court Judge James J. Flaherty threw out the attorney general's challenge, saying it was too soon to litigate the issue because Coy's selection by the Democratic House leader, H. William DeWeese, had not become effective.

Flaherty dismissed the case on the grounds that the gaming law said no appointments are final until the person who made the selection -- in this case, DeWeese -- receives a copy of the nominee's background check by state police.

Since the decision, however, DeWeese has received a copy of the background check.

In a one-page order issued Friday, the Supreme Court said that the matter would be returned to Commonwealth Court for further consideration. The court wrote that "the ripeness doctrine is not an impediment to further proceedings" in the matter.