HomeMy WebLinkAbout91-525 WoelfelSTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
ADVICE OF COUNSEL
March 22, 1991
The Honorable Harold F. Woelfel, Jr.
Judge's Chambers 91 -525
Seventeenth Judicial District
Snyder County Courthouse
P.O. Box 217
Middleburg, PA 17842
Re: Judge; Public Official; FIS
Dear Judge Woelfel:
This responds to your letter of February 14, 1991, in which you
requested advice from the State Ethics Commission.
Issue: You ask whether in your capacity as an incumbent Judge of the
Court of Common Pleas of the 17th Judicial District, seeking
nomination for the position you currently hold, you are required by
the Public Official and Employee Ethics Law ( "Ethics Law ") to file a
Statement of Financial Interests.
Facts: As an incumbent Judge of the Court of Common Pleas of the
17th Judicial District, you are currently seeking the nomination of
both the Democratic and Republican parties on the primary ballot for
the position which you currently hold. You hold this position by
virtue of Governor Casey's nomination of you to the position and
confirmation by the Senate, both of which occurred in 1990. You note
that you were sworn in on October 12, 1990. As part of the packet of
information which you received from the Department of State, you were
provided with a Statement of Financial Interests form and you were
directed to contact this Commission to determine whether or not you
would be required to submit that statement. On February 13, 1991, you
made an informal inquiry with Assistant Counsel of the State Ethics
Commission. You state that you were informally informed that it would
be the position of the Commission that as a member of the judiciary
seeking election to the position which you currently hold, you would
not be required to file a Financial Interests Statement. You now seek
a formal advice confirming that you would not be required to file a
Financial Interests Statement as it relates to your candidacy for the
of
s Common Pleas the Judicial District. a Judge of the Court
The Honorable Harold F. Woelfel, Jr.
March 22, 1991
Page 2
Discussion: In Bremer v. State Ethics Commission, 56 Pa. Commw • 160,
424 A.2d 968 (1981), the Commonwealth Court held that the disclosure
provisions of Sections 4(d) and 5 of former Ethics Act 170 of 1978,
were unconstitutional infringements upon the Pennsylvania Supreme
Court's "inherent and exclusive power to govern the conduct of all
courts and the judges thereof..." Id., 56 Pa. Commw. at , 424 A.2d
at 969. Former Act 170 of 1978 was later amended by Act 9 of 1989,
but the conduct of members of the judiciary may still only be
regulated by the Supreme Court. Thus, under the existing case law,
you would not be required under the Ethics Law to file a Statement of
Financial Interests because you are a member of the judiciary.
Lastly, your inquiry has only been addressed under the Ethics
Law as interpreted by existing case law.
Conclusion: As an incumbent Judge of the Court of Common Pleas of
the 17th Judicial District seeking nomination for the position which
you are currently holding, you would not be subject to the
requirements of the Public Official and Employee Ethics Law with
regard to filing a Statement of Financial Interests. Your inquiry has
only been addressed under the Ethics Law as interpreted by existing
case law.
Pursuant to Section 7(11), 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 in writing and must be received at the
Commission within 15 days of the date of this Advice pursuant to 51
Pa. Code §2.12.
Sincerely,
Vincent.J. Dopko
Chief Counsel