Shaulis v. Pennsylvania State Ethics Commission

I respectfully dissent from the decision to deny the Commission’s motion to quash. An advisory opinion, even one which has the probable effect of altering future behavior, is not an adjudication within the meaning of the Administrative Agency Law, nor does it present this court with a justiciable appeal.

A fundamental and necessary aspect of any appealable decision is that it be binding. It is a further requirement of an administrative adjudication that it be final. The opinion issued by the Ethics Commission to Ms. Shaulis is neither. A vast difference exists between an opinion that proposed…