COMMONWEALTH OF PENNSYLVANIA
Orrice oF ArrorNey GENERAL ten recon
Kariueen G. KANE Hapmissure, PA 17120 sumaivenny S0UARE
March 18, 2016
Bruce L.. Castor, Jr., Esq,
ROGERS CASTOR
206 East Athens Ave.
Ardmore, PA. 19003
RE: Appointment as Solicitor General of Pennsylvania
Dear Mr. Castor:
Pursuant to the power conferred upon me by the Commonwealth Attorneys Act, |
hereby appoint you Solicitor General of Pennsylvania with duties and responsibilities as
set forth in my enclosed order creating the position. | will promulgate such further
regulations as | consider necessary to assist you in discharging the duties entrusted by
me fo your care,
The appointment is effective March 21, 2016, Please swear the oath enclosed,
sign it, and have it notarized. You must also sign the enclosed grand jury secrecy oath.
Return both documents to me at your convenience.
On behalf of the Commonwealth and its residents, | want to thank you for your
willingness to serve.
Very truly yours,
Prntdee one
Kathleen G. Kane
Attorney GeneralCOMMONWEALTH OF PENNSYLVANIA
Orrice oF ATTORNEY GENERAL sentrioen
ee Harpissura, PA 17120
SOLICITOR GENERAL OF THE OFFICE OF ATTORNEY GENERAL
The Attorney General hereby creates the position of Solicitor General within the
Office of Attorney General, The Attorney General will institute written policies
consistent with the Commonwealth Attorneys Act to carry out her intent with
respect to the Solicitor General. The Attorney General shall continue to have
and exercise full administrative and non law-related powers currently granted
her office by statute and at common law. Notice of the creation of the Solicitor
General shall be publicized as the Attorney General in her discretion may
determine.
The duties of the Solicitor General shall include:
1. Except for purposes of succession to the position of acting Attorney
General should the office of Attorney General become vacant, the
Solicitor General shall operate as second in command to the Attorney
General reporting only to the Attorney General and serving at her
pleasure, Subject to any restrictions that may be otherwise ordered by
the Attorney General in writing, the Solicitor General shall hold and
exercise executive supervisory authority over all aspects and operations
of the Office of Attorney General to carry out the mission of the Office of
Attorney General of Pennsylvania and the policies of its chief executive
officer, the Attorney General. The appointment of the Solicitor General
shall last until a successor attorney general is sworn into office, the
resignation of the Solicitor General, or the discharge of the Solicitor
General.
2. Acting as chief policy advisor to the Attorney General and being
responsible for implementing all non law-related policy and
administrative decisions of the Attorney General along with the Chief of
Staff, and the Solicitor General shall have the power to delegate the
implementation of policy and administration to such subordinates within
the Office of Attorney General as he may select and consider necessary or
that the Attorney General may require.3. Having the authority to participate in, and make final executive decisions
on, all law- related activities or law-related services as those terms are
used in Pennsylvania Rule of Disciplinary Enforcement 217, whether or
not Rule 217 is applicable to the Attorney General pursuant to the
Separation of Powers Doctrine. The Solicitor General may delegate his
authority on law-related activities or services to such subordinates
within the Office of Attorney General as he may select and consider
necessary.
4. Issuing legal opinions in his name, as Solicitor General, Office of
Attorney General, when custom and law require an opinion from the
Office of Attorney General.
Effective the 21st day of March, 2016:COMMONWEALTH OF PENNSYLVANIA
Orrice oF ArrorNey GENERAL lem rioon
Kathteen G. Kane Cee eerie anmnanuna. 0 17120
IMPLEMENTATION OF THE SOLICITOR GENERAL IN THE OFFICE OF
ATTORNEY GENERAL
‘The Attorney General pursuant to the power conferred upon her by the
Commonwealth Attorneys Act 71 P.S. sec. 732-201(c), created the position of
Solicitor General in the Office of Attorney General on March 21, 2016. In
furtherance of the creation of the position of Solicitor General, the Attorney
General directs:
1, The First Deputy Attorney General shall remain first in line of succession
should the Office of Attorney General become vacant before the end of
the current term. In all other respects, the First Deputy Attorney
General shall be subordinate to the Solicitor General and report directly
to the Solicitor General who shall be the most senior deputy attorney
general in the Commonwealth.
2. The Solicitor General shall choose from among the staff of the entire
Office of Attorney General such persons to assist him as needed in the
discharge of his duties, subject to the approval of the Attorney General.
3. The Chief of Staff to the Attorney General shall act as her liaison to the
Solicitor General and be responsible at the direction of the Solicitor
General for keeping the Attorney General informed concerning the
activities of the Solicitor General. The Chief of Staff shall be responsible
for helping the Solicitor General operate within budget and in identifying
and adhering to the policies and priorities set by the Attorney General
and in advancing the mission of the Office of Attorney General.
4. The Solicitor General shall have taken steps to ensure that he is not
counsel of record in any case adverse to the Office of Attorney General or
adverse to any governmental entity to which the Office of Attorney
General is or may reasonably become counsel. At all times, the Solicitor
General shall remain cognizant of this prohibition and’ immediately
inform the Attorney General of any perceived breach howeverinadvertent, whereupon the Attorney General shall decide how to address
the issue.
All members of the Office of Attorney General including the Attorney
General and the Solicitor General shall take steps to ensure that the
Solicitor General shall not become privy to any future decision-making
involving the exercise of the discretion of the Office of Attorney General
arising out of disputes ongoing between current and former public
employees or officials of the County of Centre, nor office decisions
involving the District Attorney of Centre County, In the event a matter
arises in the Office of Attorney General from Centre County that involves
disputes between or among current or former members of the judiciary,
employees, or county officials there, the Chief of Staff shall assign
another member or members of the Office of Attorney General to address
such matters, and the Solicitor General shall take no part in the
decision-making process or in the discharge of any action pertaining
thereto. However, in matters arising in Centre County that do not
involve a dispute among current or former county or judicial officials or
employees, and do not otherwise create a professional conflict of interest,
the Solicitor General is free to act in his capacity as a law enforcement
officer with statewide jurisdiction and exercise any authority he would
otherwise be permitted to exercise in any Pennsylvania county under the
powers granted him by the Attorney General.
As the district attorneys of the several counties are specifically
empowered by statute to appoint deputy attorneys general as temporary
special assistant district attorneys, and the Solicitor General already
holds a commission as a temporary special assistant district attorney in
Centre County, the Solicitor General may remain in that role serving
there at the pleasure of both the District Attorney of Centre County and
the Attorney General, but he shall accept no additional compensation for
work performed as a temporary assistant district attorney in Centre
County after March 21, 2016. The Solicitor General shall accept no
further governmental appointments while in office without the express
permission of the Attorney General, and while operating as an assistant
district attorney in Centre County, shall use his county title and not the
title of Solicitor General, and remain subordinate to the District Attorney
of Centre County when carrying out such duties. The District Attorney of
Centre County retains the power to discharge the Solicitor General from
his duties as a temporary special assistant district attorney at will, or
upon the conclusion of the temporary assignment.
The Solicitor General shall be granted full authority under the Wiretap
Act to approve applications for electronic surveillance as he deems
warranted. Authority to approve electronic surveillance, apart from
consensual interceptions outside a suspect's home, previously grantedby the Attorney General to any other lawyers within the Office of Attorney
General is hereby revoked pending a review of said authority by the
Attorney General in consultation with the Solicitor General.
8. All members of the Office of Attorney General including the Solicitor
General shall take every necessary step to ensure that the Solicitor
General does not learn the identities of any persons who may have given
evidence regarding criminal charges against the Attorney General that
arose in Montgomery County. The Solicitor General shall take no steps
to become informed of the identities of such persons who may have given
evidence. No member of the Office of Attorney General shall speak to the
Solicitor General concerning any aspect of the investigation giving rise to
charges against the Attorney General. The Solicitor General shall do
everything within his power not to read or listen to any media accounts
pertaining to the ongoing case(s) in Montgomery County relative to the
Attorney General, and shall immediately report to the Attorney General if
he inadvertently learns any detail of that matter from any source.
9. Because the appointment of the Solicitor General is temporary, he may
maintain a private law practice so long as such practice does not conflict
with his duties to the Office of Attorney General and the people of the
Commonwealth of Pennsylvania. To the extent that a waiver of existing
office policy is required for a temporary appointment, the Attorney
General grants such a waiver as is her prerogative as the person holding
the office with the power to set policy.
10. The Solicitor General shall officially be based in Harrisburg, but may
perform his duties from anywhere. All field offices and personnel of the
Office of Attorney General shall provide logistical support to the Solicitor
General should he so require.
11. These regulations, and any subsequent regulations promulgated by the
‘Attorney General shall be read in conjunction with the Attorney General’s
Order effective March 21, 2016 creating the position of Solicitor General
within the Office of Attorney General.
Approved this 29t day of March, 2016:
ne, Attorney General