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HONORABLE JOHN M. WAJERT v. STATE ETHICS COMMISSION (09/22/80)

decided: September 22, 1980.

THE HONORABLE JOHN M. WAJERT, JUDGE OF THE COURT OF COMMON PLEAS, IN AND FOR CHESTER COUNTY, 15TH JUDICIAL DISTRICT, APPELLEE,
v.
STATE ETHICS COMMISSION, APPELLANT



No. 80-2-250, Appeal from Order of Commonwealth Court at No. 1108 C.D. 1979

COUNSEL

David Rittenhouse Morrison, Harrisburg, for appellant.

John M. Wajert, West Chester, for appellee.

Harris Goldrich, Raymond Pearlstine, Norristown, for amicus curiae Pa. Bar Assn.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Eagen

[ 491 Pa. Page 257]

OPINION

On March 12, 1979, the Honorable John M. Wajert, Judge of the Court of Common Pleas of Chester County, acting pursuant to Sections 7(9)(i) and (ii) of the State Ethics Act,*fn1

[ 491 Pa. Page 258]

    requested an opinion from the State Ethics Commission. The issue presented to the Commission was:

"May a Judge of a Court of Common Pleas, upon retirement or resignation, represent a client before that Court within the first year after such resignation."

On May 11, 1979, the Commission responded to the request as follows:

"It is the Commission's Opinion that a Common Pleas Judge is barred by Section 3(e) of the Act from representing any person before the Court with which he was associated for a period of one year ...


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