Regular Session 2021-2022 House Resolution 0114 P.N. 1775

PRINTER'S NO. 1775

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

114

Session of

2021

INTRODUCED BY CUTLER, KERWIN, B. MILLER, PENNYCUICK, HAMM,

KEEFER, LEWIS, C. WILLIAMS, STAMBAUGH, DIAMOND, DOWLING,

SMITH, GROVE, FEE, RYAN, SCHMITT, ROZZI, HELM, MIZGORSKI,

HERSHEY, OWLETT, MENTZER, BERNSTINE, THOMAS, ROWE AND GLEIM,

JUNE 10, 2021

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 2021

A RESOLUTION

Urging the Pennsylvania Supreme Court to improve its rules to

more effectively promote public confidence in the integrity

of the judiciary, judicial employees and attorneys formerly

employed by government entities.

WHEREAS, The Public Official and Employee Ethics Act imposes

certain responsibilities and burdens on public officials and

public employees for the purpose of promoting public confidence

in government; and

WHEREAS, Three of the cornerstone provisions contained in the

Public Official and Employee Ethics Act to promote public

confidence include the requirement that public officials and

public employees complete a Statement of Financial Interests on

an annual basis, a one-year prohibition on public officials and

employees from representing a person on "any matter before the

governmental body with which [the official or employee] has been

associated" and a prohibition against accepting honoraria; and

WHEREAS, The Pennsylvania Ethics Commission, in an effort to

provide greater public accessibility to records, makes all

Statements of Financial Interests filed with the commission

available in a searchable database on its publicly accessible

Internet website; and

WHEREAS, With very limited exception, gifts received over the

course of a calendar year by public officials and public

employees with an aggregate value of at least $250 must be

reported on the Statement of Financial Interests; and

WHEREAS, Gifts received from lobbyists in excess of the

threshold value amount must be reported regardless of the

personal or familial relationship between the lobbyist and the

public official or public employee; and

WHEREAS, Transportation, lodging and hospitality received by

a public official or public employee "in connection with" their

position must be reported if the aggregate value exceeds $650

from each source in the calendar year; and

WHEREAS, The one-year prohibition on public officials and

employees from representing a person before the person's former

employer is a prophylactic rule that promotes integrity in the

operation of government, avoiding both impropriety and the

appearance of impropriety; and

WHEREAS, No public official or public employee may accept an

honorarium, which is defined as a "payment made in recognition

of published works, appearances, speeches and presentations and

which is not intended as consideration for the value of such

services which are nonpublic occupational or professional in

nature"; and

WHEREAS, Under section 10 of Article V of the Constitution of

Pennsylvania, the Pennsylvania Supreme Court exercises "general

supervisory and administrative authority" over the courts, has

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the power to prescribe general rules governing practice,

procedure and the conduct of the courts and the power to

prescribe rules governing the practice of law; and

WHEREAS, Pursuant to its authority under section 10 of

Article V of the Constitution of Pennsylvania, the Pennsylvania

Supreme Court has exempted the courts from many provisions of

the Public Officers and Employees Ethics Act and has chosen

instead to establish its own rules; and

WHEREAS, The differences between the requirements imposed on

judicial officers and employees and those imposed on other

public officers and employees in the Commonwealth gives the

House of Representatives cause for concern; and

WHEREAS, Although the judges, justices and employees of the

Unified Judicial System file Statements of Financial Interests

on an annual basis, the Pennsylvania Supreme Court has

effectively limited access to the Statements of Financial

Interests by ordering that, "All statements of financial

interest filed . . . shall be made available for public

inspection and copying during regular office hours"; and

WHEREAS, The Pennsylvania Supreme Court's rules appear to be

less stringent as they relate to the reporting of the receipt of

gifts, transportation, lodging and hospitality, specifically

excluding "[G]ifts, loans, bequests, benefits, or other things

of value from friends, relatives, or other persons, including

lawyers, whose appearances or interest in a proceeding pending

or impending before the judge would in any event require

disqualification of the judge under Rule 2.11." and "ordinary

social hospitality" regardless of the aggregate value over the

course of the calendar year; and

WHEREAS, The Pennsylvania Supreme Court has held that a

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nonlawyer engaged in lobbying is not engaged in the practice of

law, while a lawyer engaged in the same activity is engaged in

the practice of law; and

WHEREAS, This holding leads to a situation where an attorney

may resign from government service and engage in lobbying the

agency with which the attorney formerly associated immediately

upon leaving government employ; and

WHEREAS, In addition to their judicial salaries, judges and

justices may accept honoraria, stipends, fees, wages, salaries,

royalties or other compensation for speaking, teaching and

writing; and

WHEREAS, The House of Representatives finds that these

shortcomings in transparency and integrity in government demand

the Pennsylvania Supreme Court's immediate attention; therefore

be it

RESOLVED, That the House of Representatives urge the

Pennsylvania Supreme Court to immediately address the

shortcomings in its oversight duties under section 10 of Article

V of the Constitution of Pennsylvania by doing the following:

(1) Make Statements of Financial Interests available on

a publicly accessible Internet website.

(2) Require more restrictive rules on the reporting of

the receipt of gifts, transportation, lodging and

hospitality.

(3) Impose a one-year prohibition on the attorneys

leaving government service and lobbying the governmental body

with which the attorney has been associated.

(4) End the practice of judges and justices receiving

honoraria.

(5) Conduct a full examination of its ethical and

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financial reporting requirements for judges, justices and

employees to determine whether additional changes to those

requirements would promote greater transparency and further

avoid both impropriety and the appearance of impropriety;

and be it further

RESOLVED, That this resolution be transmitted to the Chief

Justice of the Pennsylvania Supreme Court.

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