Denial of Motion to Dismiss Prisoner's Attorney
In Winters v. Pennsylvania Board of Probation and Parole, 94 Pa. Commw. 236, 503 A.2d 488, 493 (Pa. Cmwlth. 1986), overruled on other grounds by Jester v. Pennsylvania Board of Probation and Parole, 141 Pa. Commw. 355, 595 A.2d 748, 751 (Pa. Cmwlth. 1991), this Court disallowed the contemporaneous filing of briefs by both the prisoner and his counsel.
In Winters, the prisoner challenged the Board's order in this Court and filed a motion to dismiss his attorney as well as a pro se brief.
Before issuing an opinion on the merits, this Court denied the motion to dismiss the prisoner's attorney and quashed the pro se brief.
Subsequently, the prisoner filed a motion for reconsideration.
Addressing whether the Court erred in quashing the pro se brief, the Court recognized that to "allow both the prisoner and the counsel to represent the issues to this Court would impede review of the merits of the prisoner's appeal." Winters, 503 A.2d at 493.
Allowing both counsel and the prisoner to proceed simultaneously would be "an absurd result." Id.
This Court held that 42 Pa. C.S. 2501 allows either the "use of counsel in one instance," or "at another time proceeding pro se." Id.