Kremer v. State Ethics Commission

424 A.2d 968, 56 Pa. Commw. 160, 22 A.L.R. 4th 230, 1981 Pa. Commw. LEXIS 1080
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 20, 1981
DocketNo. 721 C.D. 1980
StatusPublished
Cited by8 cases

This text of 424 A.2d 968 (Kremer v. State Ethics Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kremer v. State Ethics Commission, 424 A.2d 968, 56 Pa. Commw. 160, 22 A.L.R. 4th 230, 1981 Pa. Commw. LEXIS 1080 (Pa. Ct. App. 1981).

Opinions

OpiNioN by

Judge Rogers,

By Amended Petition for Review addressed to this court’s original jnrisdiction, the Honorable I. Ray-[162]*162moNd KREMER,1 a Judge of the Court of Common Pleas of Philadelphia County, seeks injunctive and declaratory relief which would prevent the respondents, The State Ethics Commission, the Attorney G-eneral of Pennsylvania and the District Attorney of Philadelphia County from enforcing the financial disclosure provisions of the Act of October 4, 1978 (Ethics Act) P.L. 883, 65 P.S. §401 et seq., and which would declare that the Ethics Act, particularly as it may require judges to file statements of financial interests, is unconstitutional. The State Ethics Commission has filed a preliminary objection in the nature of a demurrer.2

Section 4(d) of the Ethics Act, which is central to the litigation, provides:

No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act.

Section 5 of the Ethics Act requires that the person filing a statement of financial interests disclose annually with regard to the person filing and members of his immediate family: all direct or indirect interests in real estate sold, purchased, leased to or from or condemned by the Commonwealth; the name and address of every creditor to whom is owed more than 15000; the name and address of any person who is the [163]*163source of income totaling $500 or more; the name and address of any person from whom a gift or gifts valued at $200 or more was received; the source of any honorarium in excess of $100; and all business affiliations.

Section 9 of the Ethics Act provides criminal sanctions for failing to file the statement of financial interests; and as reference to Section 4(d) above will disclose, a public official who fails to file a statement of financial disclosure may not “continue upon his duties”.

Judge Keemeb alleges and we must therefore accept as facts that The State Ethics Commission has distributed to judges for completion and filing3 forms of statements of financial interests. Indeed, The State Ethics Commission’s demurrer includes the statement that Judge Krembk,, as a public official, is required by the Ethics Act to file a statement of financial interests.

Because we hold that the disclosure provisions of Sections 4(d) and 5 of the Ethics Act are unconstitutional as infringements upon the Pennsylvania Supreme Court’s inherent and exclusive power to govern the conduct of all courts and the judges thereof, it is not essential that we dispose of Judge Kbemee’s other attacks upon the Ethics Act. In the interest of completeness we will, however, deal with them briefly. It is first asserted that the Ethics Act does not require public officials, as distinguished from public employees, to file statements of financial interests unless they have become candidates and have been elected to public office after the effective date of the Ethics Act, We disagree. It is true that subsections [164]*164(a), (b) and (c) of Section 4, dealing respectively with public employees, candidates for public office, and candidates for public office nominated by another public official or governmental body, expressly state that the employee or candidate shall file the statement of financial interests and that subsection (d) reads only that no public official shall enter or continue upon his duties (or receive compensation) unless he has filed the statement. However, we agree with The Ethics Commission that the Ethics Act, being remedial, is entitled to a liberal construction (despite the fact that it contains penal provisions) at least where, as here, the issue of whether a particular public official is or is not required to comply is presented to a court only for declaratory relief. It has been decided that judges are public officials as defined in the Ethics Act. Wajert v. State Ethics Commission, 47 Pa. Commonwealth Ct. 97, 407 A.2d 125 (1979), aff’d Pa. , 420 A.2d 439 (1980). It would be grossly illiberal, if not absurd, to construe Section 4(d) to provide that although a public official may not continue upon his duties if he has not filed a statement of financial interests, he is nevertheless not required to file one because the statute does not expressly so state.

Judge Kremer also asserts that the disclosure provisions of the Ethics Act unconstitutionally impose the burden of an additional invasion of privacy on his right to continue as judge after election and after financial sacrifice in taking the office. We have given careful consideration to the averments of the Amended Petition for Keview in this regard and they fail to shake our conclusion, made in Snider v. Shapp, 45 Pa. Commonwealth Ct. 337, 405 A.2d 602 (1979), that the financial disclosure provisions of the Ethics Act do not constitute an unconstitutional invasion of [165]*165privacy. See also Opinion of The Justices to the Senate, Mass. , 376 N.E.2d 810 (1978).

As earlier stated, we have concluded that the disclosure requirements of the Ethics Act as applied to Judge Kkemep, and other judges and justices infringes upon the Supreme Court’s inherent and exclusive power to govern the conduct of judges. The Pennsylvania Constitution provides that the judicial power of the Commonwealth shall he vested in a unified judicial system (Article Y, Section 1); that the judicial power of the Commonwealth shall be reposed in the Supreme Court (Article V, Section 2); that the Supreme Court shall exercise general supervisory and administrative authority over all the courts (Article Y, Section 10(a)); that there shall be a Judicial Inquiry and Review Board of nine members, five appointed by the Supreme Court (Article Y, Section 18(a)); that the Judicial Inquiry and Review Board may investigate and hear matters of wrongdoing on the part of judges and recommend the suspension, removal, discipline or compulsory retirement of judges (Article Y, Sections 18(d) (f) (g)); and that the Supreme Court shall review the board’s proceedings and order disciplinary action or wholly reject the board’s recommendations. Article Y, Section 18(h). Article V, Section 10(c) speaks directly to the point at issue, as follows:

The Supreme Court shall have the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of the peace and all officers serving process or enforcing orders, judgments or decrees of any court or justice of the peace, including the power to provide for assignment and reassignment of classes of actions or classes of appeals among the several courts as the needs of jus[166]*166tice shall require, and for admission to the bar and to practice law, and the administration of all courts and supervision of all officers of the Judicial

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Cite This Page — Counsel Stack

Bluebook (online)
424 A.2d 968, 56 Pa. Commw. 160, 22 A.L.R. 4th 230, 1981 Pa. Commw. LEXIS 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kremer-v-state-ethics-commission-pacommwct-1981.