HomeMy WebLinkAbout80-723 ShirkKenelm L. Shirk, III
Shirk, Reist & Posey
P.O. Box 1552
Lancaster, PA 17603
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
October 9, 1980
ADVICE OF COUNSEL
RE: Applicability of Ethics Act, Law Clerks
Dear Mr. Shirk:
80 -723
This responds to your communication of September 29,
1980, wherein you requested an Advisory Opinion from the
Ethics Commission.
Issue: Specifically, you inquire on behalf of your sister
and raise the question of whether or not that individual is
covered by the Ethics Act and subject to the prohibitions
contained in Section 3(e) of the Ethics Act.
Facts: Your sister had worked as a law clerk for the Common-
wealth Court from August, 1978 to December, 1979. Subsequent
to that she became law clerk for a Common Pleas Court Judge
in Lancaster County from January, 1980 until the present
time. She anticipates engaging in the private practice of
law following her clerkship with the Court of Common Pleas.
Discussion: The Commission has rendered an Opinion that
law clerks are not considered "public employees" as that
term is defined in the Ethics Act. See Turgeon, 80 -659. In
addition, the regulations promulgated by the Ethics Commission
which became final on June 28, 1980 indicate that in general,
law clerks are not considered "public employees."
Thus while Section 3(e) of the Ethics Act, 65 P.S.
403(e) prohibits former "public employees" from representing
any person before the governmental body with which they had
been associated for a period of one year after they leave
that governmental body, this section would not be applicable
to a former law clerk.
Kenelm L. Shirk, III
October 9, 1980
Page 2
Conclusion: Your sister, as a law clerk is not generally
considered a "public employee" subject to the provisions of
the Ethics Act. Therefore, such an individual is not precluded
from appearing before the Court with which the individual
had been associated.
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.
This letter is a public record and will be made avail-
able as such.
Finally, if you disagree with this Advice or if you
have any reason to challenge same, you may request that the
full Commission review this Advice. A personal appearance
before the Commission may be scheduled and a formal Opinion
from the Commission will be issued. You should make such a
request or indicate your disapproval of this Advice within
the next 30 days.
SSC /rdp
Sincerely,
Sandra S. Christianson
General Counsel