Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and the bar.
Stephen J. Shapiro,
Judicial Control over the Bar Versus Legislative Regulation of Governmental Ethics: The Pennsylvania Approach and a Proposed Alternative,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol20/iss1/7