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HomeMy WebLinkAbout80-728 MillerThomas M. Miller, Esquire Assistant Solicitor Commissioner's Office Mercer County Courthouse Mercer, PA 16137 Dear Mr. Miller: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 October 23, 1980 ADVICE OF COUNSEL RE: Applicability of Ethics Act, Law Clerk 80 -728 This responds to your communication of October 10, 1980, in which you requested an adivsory opinion from the Ethics Commission as to your duties and obligations under the Ethics Act. Issue: You inquire as to whether the Ethics Act is appli- cable to law clerks and whether such clerks are subject to the prohibitions contained in Section 3(e) of the Ethics Act. Facts: From September 1979 to August 1980 you served as a law clerk for the Honorable John Q. Stranahan, President Judge of the Court of Common Pleas of Mercer County. As part of your duties as a law clerk you served as solicitor for the five district justices in Mercer County. In August 1980 you assumed a position as the assistant solicitor for Mercer County. 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 a former "public employee" from represen- ting any person before the governmental body with which that person had been associated for a period of one year after they leave that governmental body, this section would not be generally applicable to a former law clerk. Thomas M. Miller, Esquire October 23, 1980 Page 2 Given the above opinions and regulations it is unecessary to discuss any interpretation of the Wajert case to which you referred in your correspondence. Conclusion: As a law clerk you are not generally considered a "public employe" subject to the provisions of the Ethics Act. A former law clerk, such as yourself, is not subject to the restrictions contained in Section 3(e) of the Ethics Act. Therefore, as a former law clerk you are not precluded from appearing before the Court with which you had been associated including Judge Stranahan, Judge Acker or any of the other district justices in Mercer County. 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, ndra S. CriFistianson General Counsel