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GMEREK v. STATE ETHICS COMMISSION

No. 57 Map 2000.

807 A.2d 812 (2002)

Richard J. GMEREK and Charles I. Artz, v. STATE ETHICS COMMISSION and Honorable Mike Fisher, Attorney General, and Mark R. Corrigan, Secretary of the Senate of Pennsylvania, Intervenor, Appeal of: Honorable Mike Fisher, Attorney General No. 55 Map 2000; State Ethics Commission No. 56 Map 2000; Mark R. Corrigan, Secretary of the Senate of Pennsylvania, Intervenor

Supreme Court of Pennsylvania.

Decided August 23, 2002.

Reargument Denied October 23, 2002.

Attorney(s) appearing for the Case

John G. Knorr, Calvin Royer Koons, Harrisburg, for Mike Fisher, Atty. Gen.

Donald Marritz, Carlisle, for Common Cause of PA.

James D. Cashel, John H. Estey, Michael D. Epstein, Philadelphia, Philadelphia, for Gmerek/Artz.

Robin M. Hittie, Vincent J. Dopko, Harisburg, for State Ethics Commission.

Stefan Presser, Phildelphia, for American Civil Liberties Union of PA.

Helene Eichenwald Loux, Linda J. Shorey, John P. Krill, Harrisburg, for Intervenor-Mark Corrigan.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

ORDER

PER CURIAM.

AND NOW, this 23rd day of August 2002, the Court being evenly divided, the order of the Commonwealth Court is affirmed.

Former Chief Justice FLAHERTY did not participate in the decision of this matter.

Chief Justice ZAPPALA files an Opinion in Support of Affirmance in which Justice CAPPY joins.

Justice CASTILLE files an Opinion in Support of Affirmance.

Justice SAYLOR files an Opinion...

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