HomeMy WebLinkAbout81-565 LippincottNicholas S. Lippincott
Chief Counsel
House of Representatives
Room 313 -A, Main Captiol
Harrisburg, PA 17120
RE:. Attorneys, Financial Interest Statements
Dear Mr. Lippincott:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
April_ 30, 1981
ADVICE OF COUNSEL
81 -565
Issue: This responds to your letter of April 28, 1981. In
that letter you request advice as to whether you must file a
Financial Interest Statement (FIS) with the State Ethics
Commission.
Facts: You currently serve as Counsel to the House Judiciary
Committee. As such your duties involve the rendering of
legal advice to the Chairman and members of the Committee,
conducting legal research, and drafting and analyzing legis-
lation.
Discussion: The Commonwealth Court has entered an order in
the matter of Ballou v. State Ethics Commission, Pa.
Cmwlth. , 424 A.2d 983 (1981). This order held that
attorneys who are public officials and /or employees who
serve as attorneys may not constitutionally be required to
file a Financial Interest Statement under the Ethics Act.
This decision is on appeal, but no stay or supersedeas has
been requested or granted.
Thus, unless and until this Opinion is reversed on
appeal an attorney such as you serving as an attorney need
not file a Financial Interest Statement.
Conclusion: No filing is required unless and until the
Ballou decision as issued by the Commonwealth Court has been
reversed.
Pursuant to Section 7(9)( ±i4, this Advice is a complete
defense in any enforcement proceeding initiated by the
Commission, and evidence of good_faith conduct in any other
SSC /na
Nicholas S. Lippincott
April 30, 1981
Page 2
civil or criminal ):coceeding, providing the requestor has
disclosed truthfully all the material facts and committed.
the acts r omp1e,inec of in reliance on the Advice given.
This letter is a public record and will be made available
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
cr.indicate your disapproval of this Advice within the next
30 days.
Sincerely,
Sandra S. ristianson
General Counsel