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HomeMy WebLinkAbout83-556 AldenMr. John Alden 119 N. Wayne Avenue Wayne, PA 19087 Mafing Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 May 27, 1983 ADVICE OF COUNSEL RE: Former State Representative; Representation, Attorney Dear Mr. Alden: 83 -556 State Ethics Commission • 308 Finance Building • Harrishurg, Pennsylvania This responds to your letter of April 27, 1983, in which you requested advice from the State Ethics Commission. Issue: You would like to know whether you, as a former State Representative, may contact the State Parole Board in your current capacity as an attorney. Facts: You are a former State Representative whose term of office ended on December 1, 1982. You currently serve as an attorney, and one of your clients is seeking early parole from Dallas Penitentiary. You would like to write to Mr. Herman Tartler, Secretary of the Parole Board to ask for consideration of the matter, but you feel that to do so might be an unethical practice. You have, therefore, sought advice from the State Ethics Commission. Discussion: Initially, the Ethics Commission notes that, as a statutory entity, it's jurisdiction and its power are strictly limited to the authority granted it in 65 P.S. 401 et seq. Thus, it has no authority to interpret and /or enforce the provision of other codes such as the Canons of Ethics and does not address the effect of those Canons or any statute other than the Ethics Act on your conduct. In light of a recent decision of the Commonwealth Court in Pennsylvania Public Utility Commission Bar Association v. Thornburgh, 62 Pa. Cmwlth. 88, 434 A.2d 1327 (1981), aff'd per curiam without opinion, Pa. , 450 A.2d 613 (1982), where the Court held that Section 3(e) of the Ethics Act, 65 P.S. 403(e) was an impermissible intrusion upon the Supreme Court's authority to regulate the practice of law, the State Ethics Commission has in accordance with this decision, been unable to impose any prohibitions under the Ethics Act upon your conduct insofar as that conduct or representation constitutes the practice of law. Mr. John Alden May 27, 1983 Page 2 Although reseach has revealed that you served on the Pennsylvania House Judiciary Committee as Subcommittee Chariman on Crime and Corrections and, therfore, presumably had some contact with the Parole Board and /or Secretary Herman Tartler, Section 3(e) of the Ethics Act cannot be applied to prohibit the activity you propose so long as your contact with the Parole Board constitutes the practice of law, as is indicated by the facts you presented to the Commission. In any event, the State Ethics Commission has typically applied any prohibitions under Section 3(e) to the governmental body with which you were associated while serving in the House. In prior opinions, these bodies with which a former legislator may be said to have been associated -- and, therefore, before which he could not re- appear for the one -year perior -- have been limited to: 1. the specific chamber -- House or Senate -- where the legislator served. See Geesey, 80 -046; 2. the committees, boards, commissions, etc. where the legislator served by virtue of his office or position as Speaker, Pro Tempore, etc._ See Seltzer, 80 -044; 3. the committees, boards, commissions, etc., where a legislator may serve by virtue of his appointment to same by the leadership of the _ House /Senate as authorized by statute. See Goebel, 80 -057. Thus, even if you were not engaging in the practice of law and thereby exempt from regulation under the Pennsylvania Utility Commission ruling cited above, it is doubtful that the Parole Board would be deemed a governmental body with which you were associated while serving in the House and to which any one -year restrictions would apply. This follows from the fact that we find no evidence that you served as a member of this Board and your association with the Board as a member of the House Judiciary Committee is not sufficient to find you were "associated with" this Board. See Kury v. State Ethics Commission, Pa. Cmwlth. , 435 A.2d 940 (1981). Conclusion: The Ethics Act does not bar your representation before the Parole Board insofar as that activity constitutes the practice of law and it is doubtful that you can be deemed to have been associated with the Parole Board, in any event, so as to give rise to any post - employment /service restrictions even if applicable. Mr. John Alden May 27, 1983 Page 3 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 will be scheduled and a formal Opinion from the Commission will be issued. Any such appeal must be made, in writing, to the Commission within 15 days of service of this Advice pursuant to 51 Pa. Code 2.12. CW /rdp Sincerely, oa andra S. Chris anson General Counsel