In re Bucks County Investigating Grand Jury

ORDER

PER CURIAM.

AND NOW, this 25th day of October, 2004, it is hereby ordered that the Emergency Application for Review is granted. As the Commonwealth has failed to meet its burden of proof under Pirillo v. Takiff, 462 Pa. 511, 341 A.2d 896 (1975), the order of the Supervising Judge of the Bucks County Investigating Grand Jury disqualifying counsel is reversed. The Emergency Application for Stay is dismissed as moot.

Justice CASTILLE files a dissenting statement joined by Justice EAKIN.