HomeMy WebLinkAbout80-577 KelleyTO:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA I7I20i
March 19, 1980
- ADVICE OF CHIEF COUNSEL
The Honorable James R. Kelley
State Senator
104 West Otterman Street
Greensburg, PA 15601
Advice # 80 -577
On February 19, 1980, Senator James R. Kelley wrote
this Comission asking for an opinion as to what constraints
the State Ethics Act places on the Governor and the members
of the Judicial Recommendation Board.
The issue is what aspect of the State Ethics Act applies
to nominations by the Governor for judicial posts.
The State Ethics Act does not in itself establish any
criteria for judicial office, therefore this Commission
may not speak to that issue.
Section 4(c) of the State Ethics Act, 65 P.S. 404(c),
states as follows:
Each candidate for public office nominated by a public
official or governmental body and subject to confirmation
by a public official or governmental body shall file a
Statement of Financial Interests for the preceding calendar
year with the Commission and with the official or body
that is vested with the power of confirmation at least
10 days before the official or body shall approve or
reject the nomination.
Therefore, any individual nominated by the governor for
judicial office must file a Statement of Financial Interests
with the Senate at least 10 days before the Senate shall
approve or reject the nomination. That candidate shall also
file a Statement of Financial Interests with the State Ethics
Commission.
The Honorable James R. Kelley
March 19, 1980
Page 2
At the present time the office of Senator Fumo receives,
on behalf of the Senate, all Statements of Financial Interests
of nominees.
In addition, an attorney nominated for judicial office
must reveal any cases which are pending before that court
of which he has a financial interests in excess of $500. This
office is presently working on regulations with respect to
nomination of judges for the Common Pleas Court since a nominee
from a large urban firm to the Common Pleas Court could require
a magnitude of client disclosure which would be impractical, and
possibly in violation of the Canons of Ethics.
CONCLUSION:
DRM/rdp -2
The State Ethics Act set forths no criteria for candidates
to judicial office. Section 4(c) of the State Ethics Act
requires the filing of a Statement of Financial Interest with
the Senate and with the State Ethics Commission at least 10
days prior to exceptance or rejection of the nomination. Client
disclosure of candidates for judicial office is limited to
those cases pending before the judicial office to which the
jurist seeks appointment.
Pursuant to Section 7(9)(ii), this advice is a
complete defense in any enforcement proceeding initiated
by the Commission, and evidence of good faith conduct in
any other civil or criminal proceeding, providing the
requestor has disclosed truthfully all the material facts
and committed the acts complained of in reliance on the
advice given.
A personal appearance before the Commission and a
formal opinion will be issued upon your request if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
DAVID RITTENHOUSE MORRISON
Chief Counsel