Fitzhugh v. Pennsylvania Board of Probation and Parole

In Fitzhugh v. Pennsylvania Board of Probation and Parole, 154 Pa. Commw. 123, 623 A.2d 376 (Pa. Cmwlth. 1993), the parolee pleaded guilty to new criminal charges in July 1991, but his revocation hearing was not held until February 1992. The parolee argued that the Board had employees in the court system whose sole function was to retrieve conviction records, which were normally available within a few days after sentencing. The parolee also argued that the Board had instructed agents not to obtain the court records until it was convenient for the Board to schedule a hearing. The Court expressed concern that if the Board was aware of the conviction but decided not to retrieve available conviction records, there was a possibility of "an unreasonable and unjustifiable delay." Fitzhugh, 623 A.2d at 379. In order to dispel that concern, the majority in Fitzhugh remanded the matter to the Board to establish facts relating to the delay between the conviction and the Board's receipt of the conviction records. Fitzhugh did not establish the broad principle that the Board has an obligation to retrieve conviction records. The Court ordered a remand for additional fact finding in a case where it appeared that the Board deliberately delayed the holding of a parole revocation hearing for over five months. Notably, Fitzhugh did not establish that a five-month delay between the date of conviction and receipt of official verification is per se unacceptable.