Under the state constitution, only the judicial branch can regulate lawyers.
The ruling was viewed as a blow by lawmakers and good-government groups that had worked for years to close the loopholes in state law that allowed lobbyists to operate without oversight.
Sen. Robert Jubelirer (R., Blair), chief sponsor of the law, called the decision "a serious setback to good government, because it undoes a successful effort to make lobbyists more accountable and to honor the public interest in disclosure."
Attorney General Mike Fisher, who in August filed a petition asking the Supreme Court to reconsider its decision, said yesterday that he was disappointed. He urged the legislature to craft a new proposal to require public disclosure of lobbying activities.
"I believe that Pennsylvanians should know who is trying to influence their state government and how much is being spent to accomplish those goals," Fisher said.
But Harrisburg lawyers Richard J. Gmerek and Charles I. Artz, who challenged the lobbying law in 1999, called the decision a "home run" for lawyers.
Gmerek said the law put lawyers in an ethical quagmire, placing restrictions on them that ran counter to what they were ordered to follow as lawyers.
"The ethics commission could come to a lawyer like me and tell me to hand over my documents," he said. "Our ethics as a lawyer say everything you get from your client is confidential. This state ethics law said we can see all your documents."
A top aide to Jubelirer said the ruling leaves the legislature's hands tied and no avenue to pursue the case in federal court.
"We could pass a law tomorrow to regulate lobbyists who are not lawyers," said Drew Crompton, an attorney for the Senate. "But we believe lawyers acting as lobbyists need to be regulated."
