HomeMy WebLinkAbout81-640 EdenharterJudge Frederick Edenharter
Courthouse
Reading, PA 19601
Dear Judge Edenharter:
Mailing Address:
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
November 16, 1981
ADVICE OF COUNSEL
RE: Section 10, Court Employees
81 -640
This responds to your letter of June 17, 1981, in
which you requested an opinion from the Ethics Commission.
Issue: You asked for advice as to whether the Ethics
Act proscribes an employee of a county court system from
seeking political office.
Facts: You informed us that Ms. Opel Bodanza, a, secretary
in your administrative office, is seeking office as a
district justice. Ms. Gail Greth, a secretary to a dis-
trict justice, is also seeking election to a post as a
district justice. Alexander F. Barbieri, Court Admin-
istrator of Pennsylvania, advised you that both employees,
had to leave employment with the judicial system or
cease their political activity.
Discussion: The Ethics Act, 65 P.S. Section 401 et seq.,
provides that:
Nothing in this act, or in any other
law or court rule shall be construed
to prohibit any constable or any employee
of a court of common pleas ... or any
employee of a district justice from also
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania
Judge Frederick Edenharter
November 16, 1981
Page 2
being an officer of a political body or
political party ... and may run for and
hold any elective office, and may
participate in any election day activities.
65 P.S. Section 410.
Thus, nothing in the Ethics Act prohibits either
Ms. Bodanza or Ms. Greth from seeking political office.
The jurisdiction of the Ethics Commission is strictly
limited to interpreting the Ethics Act itself and we
cannot'interpret the regulations of the Pennsylvania
Supreme Court. The Court's recent ,decisions relating
to their exclusive jurisdiction over the judicial system
make it clear that your questions relating to Section 10
of the Ethics Act should be addressed to the Supreme
Court's Offices.
Conclusion: The Ethics Act does not prohibit court em-
ployees from running for political office. Questions
relating to interpretation of the rules of the Pennsylvania
Supreme Court imposing regulations on the employees of
the justice system should be addressed to the Supreme
Court.
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 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
or indicate your disapproval of this Advice within the next
30 days.
SSC /lma
7906
Sincerely,
andra S. hristianson
General Counsel