Shaulis v. Pennsylvania State Ethics Commission

I respectfully disagree with the conclusion of the majority that an advisory opinion issued pursuant to Section 1107(10) of the Ethics Act is a “final opinion” subject to appeal, as well as its determination that Section 1103(g) is unconstitutional as applied to former government employees who are attorneys.

With respect to appealability, in Section 1108 of the Ethics Act, entitled “Investigations by commission,” the Legislature provided for appeals from opinions and orders “which become[ ] final in accordance with the provisions of this chapter.” 65 Pa.C.S. § 1108(i). Section 1108 contains…