I. Raymond Kremer v. State Ethics Commission

Appellant I. Raymond Kremer, a judge of the Court of Common Pleas of Philadelphia, brought an action against Appellee, the State Ethics Commission, under the original jurisdiction of the Commonwealth Court, Judicial Code, Act of July 9, 1976, P.L. 586, No. 142, 52, effective June 27, 1978, as amended, 42 P.C.S.A. § 761. Appellant challenged the validity and applicability to judges of financial disclosure requirements contained in the Ethics Law, Act of October 4, 1978, P.L. 883, No. 170, 65 P.S. § 401 et seq. The Commonwealth Court, 56 Pa. Commw. 160, 424 A.2d 968 held that the law is unconstitutional as applied to judges because such application would violate the separation of powers. Appellee appeals this holding. The Commonwealth Court rejected Appellants contentions that the language of the law should be interpreted as not applying to judges and that the law violates the constitutional right to privacy. Appellant cross-appeals on these issues. Because there are cross-appeals, Judge Kremer, as moving party in the Commonwealth Court, is deemed Appellant here for purposes of briefing and argument, Rule of Appellate Procedure 2136.