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RICHARD SNELBAKER AND CHARLES N. SWEET v. STATE ETHICS COMMISSION (12/16/83)

SUPREME COURT OF PENNSYLVANIA


decided: December 16, 1983.

RICHARD SNELBAKER AND CHARLES N. SWEET
v.
STATE ETHICS COMMISSION, APPELLANT

Appeal No. 7 M.D. Appeal Docket 1983, from Order of Commonwealth Court at No. 510 C.D.1980, dated December 27, 1982, Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Nix, J., files a dissenting opinion in which McDermott, J., joins. Hutchinson, J., files a dissenting opinion.

Author: Per Curiam

[ 503 Pa. Page 87]

ORDER

Order affirmed.

NIX, Justice, dissenting.

This appeal provided an opportunity for a reconsideration of our decision in Ballou v. State Ethics Commission, 496 Pa. 127, 436 A.2d 186 (1981). I am disappointed that the opportunity has been summarily dismissed in view of my strong view that Ballou was wrongly decided. See Ballou v. State Ethics Commission, supra, 496 Pa. at 136-139, 436 A.2d at 190-192, (1981) (Kauffman, J. dissenting, joined by Nix, J.)

HUTCHINSON, Justice, dissenting.

The appellant, State Ethics Commission, correctly perceived itself bound by our holding in Ballou v. State Ethics Commission, 496 Pa. 127, 436 A.2d 186 (1981), that the Ethics Act's financial disclosure provisions*fn1 do not apply to attorneys who are school solicitors. Thereafter, it stopped its attempt to enforce the Act against them and stated in this case it has no intention of doing so unless this Court re-examines Ballou. Since the majority, by its per curiam affirmance demonstrates its refusal to re-examine Ballou, I

[ 503 Pa. Page 88]

    


*fn1 Act of October 4, 1978, P.L. 883, 65 P.S. ยง 404.


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