Commonwealth v. Passerella’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That court held that the order of revocation by the Secretary should be reversed because he had failed to revoke the operating privileges 'forthwith’ upon receipt of the report of convic tion as mandated by Section 616(a) of the Code. 3 Nowhere in the Code do we find a statute of limitations controlling Secretary’s suspension duties. We never have construed the ‘forthwith’ requirement to fix an arbitrary time limit; rather, we have held that the requirement the Secretary act forthwith is directory only and compliance within a reasonable time is sufficient. Department of Transportation, Bureau of Traffic Safety v. Lea, 34 Pa. Commonwealth Ct. 310 , 384 A.2d 269 (1978). In so holding the provision directory rather than mandatory, we do not suggest that it is to be ignored at will. Both mandatory and directory provisions of the legislature are meant to be followed. It is only in the effect of non-compliance that a distinction arises. A provision is mandatory when failure to follow it renders the proceedings to which it relates null and void; it is directory when the failure to follow it does not invalidate the proceedings. Delaware County v. Department of Public Welfare, 34 Pa. Commonwealth Ct. 165 , 383 A.2d 240 (1978). 3 While the applicable section of the Code here, Section 616(a), has been repealed, a similar provision is now found in the Vehicle Code of 1976, 75 Pa. C.S. §1532, which section, however, does not contain the word ‘forthwith.’”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Muller · 48 Pa. Commw. 457 - Commonwealth v. Keller