The Weight of Felony Consequences for Elected Officials in Pennsylvania

Introduction

In the realm of public service, the trust bestowed upon elected officials is sacred. However, this trust comes with significant responsibilities, and those who breach it may face severe consequences. In Pennsylvania, the repercussions for elected officials convicted of felonies are outlined in the state constitution, revealing a strict stance on maintaining the integrity of public office.

Pennsylvania Constitution: Article II, § 7

Pennsylvania’s Constitution, Article II, § 7, addresses the eligibility of individuals with criminal convictions for certain offenses. It explicitly states, “No person hereafter convicted of embezzlement of public moneys, bribery, perjury, or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth.”

The term “infamous crime” is broad and leaves room for interpretation. However, the Pennsylvania Supreme Court, in Commonwealth v. Shaver (3 Watts & Serg. 338 (Pa. 1842)), clarified that infamous crimes, as mentioned in the constitution, include felonies. This judicial precedent establishes a clear link between felony convictions and the ineligibility of individuals to hold public office.

Commonwealth v. Shaver (1842)

The landmark case of Commonwealth v. Shaver played a pivotal role in shaping the understanding of infamous crimes in Pennsylvania. The court’s decision in 1842 firmly established that felonies fall within the scope of infamous crimes mentioned in the state constitution. As a result, elected officials convicted of felonies are rendered ineligible to serve in the General Assembly or hold any office of trust or profit in the Commonwealth.

Consequences for Elected Officials

The consequences of a felony conviction for elected officials in Pennsylvania are profound. Not only does it lead to immediate disqualification from the General Assembly, but it also strips individuals of their capacity to hold any office of trust or profit in the state. This strict stance is a testament to Pennsylvania’s commitment to upholding the highest standards of ethics and integrity in public service.

Conclusion

The legal landscape for elected officials in Pennsylvania is clear – felony convictions carry significant consequences, rendering individuals ineligible for public office. The precedent set by Commonwealth v. Shaver reinforces the gravity of such convictions, emphasizing the state’s commitment to maintaining the trust and confidence of its citizens. As public servants, it is incumbent upon elected officials to uphold the values enshrined in the constitution and to recognize the weight of their actions, as any deviation may lead to a loss of privilege and trust.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.