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PA. P.U.C. BAR ASSN. v. THORNBURGH ET AL.

No. 138 C.D. 1981.

62 Pa.Commw. 88 (1981)

Pennsylvania Public Utility Commission Bar Association by Its President, Michael C. Schnierle and Vice President, Daniel P. Delaney, Petitioner v. Richard Thornburgh, Governor of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

September 28, 1981.

Attorney(s) appearing for the Case

John F. Povilaitis, Assistant Attorney General, with him Louise Russell Knight, Assistant Attorney General, for petitioner.

William S. Rawls, Deputy Attorney General, with him Gregg H.S. Golden, Deputy Attorney General, Allen C. Warshaw, Counsel, and Sandra S. Christianson, General Counsel, for respondents.

Argued June 3, 1981, before President Judge CRUMLISH and Judges ROGERS, BLATT, MacPHAIL and PALLADINO. Judges MENCER, WILLIAMS, JR. and CRAIG did not participate.

OPINION BY JUDGE MacPHAIL, September 28, 1981:

The Pennsylvania Public Utility Commission Bar Association (Association) filed a petition for review in our original jurisdiction in the nature of a petition for a declaratory judgment seeking to hold Section 3(e) of the Act of October 4, 1978 (Ethics Act), P.L. 883, 65 P.S. § 403(e), unconstitutional as applied to the Association's members. Simultanteously, the Association filed an application for summary relief...

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