Eileen Maunus and Felix Thau v. Commonwealth Pennsylvania

Eileen Maunus and Felix Thau are attorneys employed by the Pennsylvania Liquor Control Board. Ms. Maunus is an Assistant Counsel and Mr. Thau is a Deputy Chief Counsel to the Board. On May 3, 1984, both were advised that they were required to file a Statement of Financial Interest pursuant to the State Ethics Act, 65 P.S. ? 401 et seq. Appellees notified the Chief Counsel to the State Ethics Commission ("Commission") on August 14, 1984, of their refusal to comply with this requirement, based on their belief that the ethical conduct of attorneys was governed solely by the Supreme Court and hence, the Ethics Act is inapplicable to them. The Chief Counsel advised appellees on October 23, 1984, that the Commission did not recognize an exception to the filing provision for attorney-employees of the Commonwealth. Appellees thereafter sought and were granted a hearing before the full Commission, which by opinion dated December 27, 1984, concluded that appellees were not exempt from the financial reporting and disclosure requirements of the Ethics Act. However, on September 12, 1986, the Commonwealth Court reversed the decision of the Commission, finding that the financial disclosure provisions of the Ethics Act are invalid as applied to publicly employed attorneys for the reason advanced by the appellees, 100 Pa. Commw. 494, 515 A.2d 83. The Commission filed a petition for allowance of appeal requesting this Court to determine whether the legislature may constitutionally