entire jcb 2008 annual report

2008 Annual ReportCOMMONWEALTH OF PENNSYLVANIA

JUDICIAL CONDUCT BOARD601 Commonwealth Avenue, Suite 3500

P.O. Box 62525Harrisburg, Pennsylvania 17120-0901

(717) 234-7911

https://www.jcbpa.org

Pennsylvania Judicial Conduct BoardPennsylvania Place, 301 Chestnut Street, Suite 403, Harrisburg, Pennsylvania 17101

(717) 234-7911www.jcbpa.org

MEMORANDUM

Date: September 2009

TO: The Honorable Ronald D. Castille The Honorable Edward G. RendellChief Justice GovernorSupreme Court of Pennsylvania Commonwealth of Pennsylvania1818 Market Street, Suite 3730 225 Main CapitolPhiladelphia, Pennsylvania 19103 Harrisburg, Pennsylvania 17120

The Honorable Joseph B. Scarnati III The Honorable Keith R. McCallPresident Pro Tempore Speaker, House of RepresentativesSenate of Pennsylvania Pennsylvania House of Representatives292 Main Capitol 139 Main CapitolHarrisburg, Pennsylvania 17120-3025 Harrisburg, Pennsylvania 17120-2122

Clifford E. Haines, EsquirePresident, Pennsylvania Bar Association2520 Aspen StreetPhiladelphia, Pennsylvania 19130-2405

FROM: Joseph A. Massa, Jr., EsquireChief Counsel

RE: 2008 Annual Report

The annual report outlines the activities of the Judicial Conduct Board during the calendaryear 2008. The report is provided to you as required by Article V, § 18(a)(6) of the PennsylvaniaConstitution, and § 2104 of Title 42, Judiciary and Judicial Procedures.

It is hoped the information included in this report will assist the Judiciary and the public inunderstanding the operation of the Judicial Conduct Board and the nature of issues which comebefore the Board.

2008 BOARD MEMBERS

PUBLIC MEMBERS

BOARD STAFF

Joseph A. Massa, Jr., EsquireChief Counsel

Francis J. Puskas II, EsquireDeputy Chief Counsel

Daniel T. Reimer, EsquireAssistant Counsel

George F. Delaney, Jr.Investigator (Harrisburg )

Douglas K. MillerInvestigator (Pittsburgh )

Alfred J. VenturaInvestigator (Philadelphia)

Paula R. CarusoExecutive Secretary

Toni I. SchrefflerLegal Assistant

Sandra K. ReLegal Secretary

* current members thru August 16, 2009

JUDGE MEMBERS ATTORNEY MEMBERSHonorable Charles A. Clement, Jr.*

Magisterial District Judge(Chair of Judicial Conduct Board)

(Term expired 08/16/2009)

Mark A. Aronchick, Esquire*(Term expiration 08/16/2012)

Edwin L. Klett, Esquire*(Term expiration 08/16/2010)

Honorable Charles J. Cunningham III*Court of Common Pleas

Philadelphia County(Term expiration 06/05/2010)

Ayanna M. Lee, Esquire*(Term expiration 08/16/2012)

G. Craig Lord, Esquire(Term expired 08/16/2008)

Honorable Jack A. PanellaSuperior Court of Pennsylvania

(Former Chair of Judicial Conduct Board)(Resigned 03/2009)

Charlene R. McAbee, Esquire(Term expired 08/16/2008)

Hank Abate*(Term expiration 08/16/2012)

Honorable Samuel J. Magaro*(Retired Magisterial District Judge)

(Term expiration 8/16/2011)

John R. Cellucci*(Vice Chair of Judicial Conduct Board)


Cynthia N. McCormick*(Term expiration 06/05/2010)

Cecilia Griffin Golden, Ph.D.*(Secretary of Judicial Conduct Board)


Carolyn “Raven” Rudnitsky(Term expired 08/16/2008)

James R. Weaver*(Term expired 08/16/2009)

BIOGRAPHIES OF BOARD MEMBERS AND CHIEF COUNSEL

Henry (Hank) AbateMr. Henry (Hank) Abate, a native of New Haven,Connecticut began his business career in hisfamily’s restaurant. At a young age he developeda diligent work ethic and an interest in hiscommunity, which later served to spark hisinterest in political leadership.

While pursuing his degree in accounting, hebecame the youngest elected official in the stateof Connecticut, serving as Alderman of the 12thward. While in office, in addition to holding boardseats on the education and finance committees,he also served as a Commissioner on the NewHaven Coliseum Authority. It was his term asCommissioner that inspired a 30-year career tofollow in the sports and entertainment industry.

In 1981 Mr. Abate left the political world andstarted work in the private sector. The NewHaven Coliseum, the Providence Civic Center,and Gampel Pavilion are among the northeastfacilities Mr. Abate managed before accepting aposition with SMG Management in 1992 asGeneral Manager of the Pittsburgh Civic Arena.His current position with SMG is Senior VicePresident, which includes the oversight of over 80arenas and stadiums throughout the United Statesand Canada.

Mr. Abate resides in Pittsburgh with his wife Mariaof 27 years, two adult daughters and a young son.

Appointed by the Supreme Court of Pennsylvania– Democrat

---------------------------------------------------------------

Mark A. Aronchick, EsquireMr. Aronchick, a litigator and past Chancellor ofthe Philadelphia Bar Association, graduated withhonors from the University of Chicago Law Schoolin 1974 where he was elected to the Order of theCoif. He received his B.A. cum laude from theUniversity of Pennsylvania in 1971. Mr. Aronchickwas a member of Mayor William J. Green'sadministration and was appointed as the youngestCity Solicitor in the history of Philadelphia.

In 1996, Mr. Aronchick became the first attorneyto simultaneously serve as President of thePhiladelphia Bar Foundation and Vice Chancellorof the Philadelphia Bar Association.Mr. Aronchick served as a member of the CivilRules Committee of the Supreme Court ofPennsylvania and as a member of the JudicialCouncil of the Commonwealth of Pennsylvania.He previously served as a member of theDisciplinary Board of the Supreme Court of

Pennsylvania. Mr. Aronchick also served as amember of the Bench Bar Relations Task Force ofthe United States Court of Appeals for the ThirdCircuit. He has served as chair of the Board ofEthics of the City of Philadelphia. He has servedas a federal and state court appointed arbitrator ormediator, and as a Judge Pro Tem of the Court ofCommon Pleas of Philadelphia County.Previously, Mr. Aronchick was the Treasurer andwas a member of the Philadelphia BarAssociation's Board of Governors. He also hasco-chaired the Philadelphia Bar Association's TrialAdvocacy Course.

Mr. Aronchick has lectured on trial advocacy,litigation techniques, and professional ethics. Heserves on the Board of the Defender Associationof Philadelphia and on the boards of several othercivic and community organizations. He hasreceived numerous awards and citations forleadership of civic and Jewish communityorganizations and for pro bono public projects.

Mr. Aronchick has a diverse national trial andappellate practice, including health care fraud andabuse, health care litigation, controversiesinvolving financial institutions, antitrust,environmental, employment, securities, classactions, construction, professional malpractice,governmental, administrative, general businessand white collar criminal defense cases. Mr.Aronchick is a Fellow of the American College ofTrial Lawyers.

In 1974, Mr. Aronchick graduated from theUniversity of Chicago Law School, Chicago,Illinois, with a Juris Doctorate and was recognizedas cum laude, Order of the Coif, and HighestAcademic Honors. His undergraduate educationis from the University of Pennsylvania,Philadelphia, Pennsylvania, where he wasawarded a Bachelor of Arts degree in 1971, cumlaude, Dean's List, with the Major in AmericanCivilization.

Appointed by the Governor – Democrat---------------------------------------------------------------

John R. CellucciVice Chair

Mr. Cellucci is the President and Owner of JohnR. Cellucci, Inc., a building, contracting,engineering, and land-development company. Hisexperience as a builder, civil engineer, andgeneral contractor has included constructing newhomes, community housing developments,shopping malls, and producing prestressedconcrete bridges. In the late 1960's, Mr. Cellucci

BIOGRAPHIES continued

was the Executive Director of the ChesterHousing Development Corporation.

Mr. Cellucci received a Bachelor of Science inCivil Engineering from Pennsylvania MilitaryCollege (now Widener University) and also earneda Professional Engineering degree.

A former assistant professor of Civil Engineeringat Pennsylvania Military College, Mr. Cellucci isvery concerned with education and has been aTrustee of the Widener University Board and amember of the Board of Overseers of the WidenerUniversity School of Law.

He has received the Outstanding Service Award(1999) and the Outstanding Alumnus Award(1989) from Widener University. He has alsobeen awarded the Outstanding Service Award(1987) and the Liberty Bell Award (1980) from theWidener University School of Law.

His experience as an officer and companycommander in the Army Corp of Engineers inKorea during the Korean Conflict earned him aBattle Star for service.

Mr. Cellucci is an active member of the WidenerAlumni Association and has been a past Vice-President on the Alumni Board of WidenerUniversity. He is also an active supporter ofnumerous non-profit organizations, including TheFriends of the Ocean City Pops, Inc. He is also amember of the Vesper Club of Philadelphia.

Mr. Cellucci resides in Berwyn with his wife, Dr.Edna H. Cellucci, and has two children, who areboth attorneys: Kathleen C. Cellucci, Esquire, andJohn H. Cellucci, Esquire.

Appointed by the Governor – Republican---------------------------------------------------------------

Honorable Charles A. Clement, Jr.Chair

Charles A. Clement, Jr. is one of the three JudgeMembers of the Board and is currently serving inhis 20

thyear as a Magisterial District Judge in

Cumberland County. He is a very active memberof the Special Court Judges’ Association ofPennsylvania having served as its President1997-1998. Within this professional association,Judge Clement has also been an Advisor to thePresident, a Liaison to the Supreme Court, aLiaison to the Legislature, and a member of theEthics & Professional Committee. Judge Clementwas also an appointed member of thePennsylvania Commission on Crime and

Delinquency’s Homeland Security, LawEnforcement, and Justice Systems Subcommitteeon Courts and Corrections, and currently serveson the Administrative Office of PennsylvaniaCourts’ Public Access to Paper Records WorkingGroup, and the Magisterial District Judge SystemRe-Write Project Committee.

Judge Clement has been the recipient of his StateAssociation’s “John J. Jeffers Memorial Award” inrecognition of dedicated and unselfish service(2000), as well as the “Themis Award” for lifetimeachievement (2005).

Judge Clement was born in Harrisburg,Pennsylvania in 1957. He attended CanisiusCollege in Buffalo, New York on a full athleticscholarship and earned a Double BachelorsDegree in Sociology and Communication in 1980.In 1998, Judge Clement was presented the “Dr.Marilyn G.S. Watt Alumni Award” for sharing asense of community and values throughcommunication.

Judge Clement has contributed to his communityby serving as a guest speaker at the local schoolsand before various community groups. He hasalso been a baseball and basketball coach formany years to the area’s youth. Judge Clement’scourt serves as a host to high school and collegeinterns each academic year.

Judge Clement currently resides in NewCumberland.

Appointed by the Supreme Court of Pennsylvania– Republican

--------------------------------------------------------------

Honorable Charles J.Cunningham, III

Charles J. Cunningham, III, was appointed to theJudicial Conduct Board by Governor Edward G.Rendell in 2006, to complete the term of JudgeThomas A. Wallitsch, upon his resignation fromthe Common Pleas Court of Lehigh County, andthe Judicial Conduct Board. Judge Cunninghamcomes to the Board after having served six yearson the Disciplinary Board of the PennsylvaniaSupreme Court, which enforces the Rules ofProfessional Conduct for attorneys inPennsylvania. He had the honor of having servedas Vice-Chairman (2002) and Chairman (2003) ofthe Disciplinary Board.

Judge Cunningham was appointed to the Court ofCommon Pleas of Philadelphia County byGovernor Edward Rendell in 2005, after which he


was elected to a full ten-year term. Beforebecoming a judge, he was a trial lawyer for 31years, including 13 years in the PhiladelphiaDistrict Attorney’s Office, where he rose to DeputyDistrict Attorney. While in the District Attorney’soffice he served under District Attorneys: ArlenSpecter, F. Emmett Fitzpatrick, Edward G.Rendell, and Ronald D. Castille.

As an attorney, Judge Cunningham had anextensive private practice handling thousands ofcases, including over 200 jury trials in both Stateand Federal Courts. Not only did he representplaintiffs in all types of personal injury actions,employment claims, lemon law, and consumerclaims, he also represented self-insuredsdefending against products liability, premisesliability, automobile and other negligence, dramshop and employment related claims. He alsohandled administrative law matters, includingworkers compensation for both claimants andemployers.

He practiced before the Social SecurityAdministration, Pennsylvania Civil ServiceCommission, Philadelphia Board of Education,Pennsylvania Labor Relations Board, where herepresented Teamsters Local 502, PennsylvaniaLiquor Control Board, and the PennsylvaniaHuman Relations Commission. He handledappeals in all of the Pennsylvania AppellateCourts, as well as the U.S. Court of Appeals. Inaddition to his extensive practice, he also servedfor more than 15 years as an arbitrator in thePhiladelphia Court of Common Pleas.

In 2003, the Pennsylvania Bar Associationendorsed Judge Cunningham to fill one of severalvacancies on the Pennsylvania Appellate Courts.Their recommendation of Judge Cunninghamstated that, “He has extensive trial and litigationexperience in a variety of areas. He has earned areputation among his peers as being thoughtful,knowledgeable, deliberative, hard working, fair,intelligent, insightful, and attentive. He has astrong record of community involvement.”

Judge Cunningham was born and raised inPhiladelphia. He graduated from Father JudgeHigh School as class Valedictorian. He graduatedfrom St. Joseph’s University with a Bachelor’sDegree in Economics and a Certificate in LatinAmerican Studies. While at Temple UniversityLaw School, he was Chief Justice of the MootCourt Board and was awarded the Law AlumniMoot Court Award upon graduation.

Judge Cunningham is fluent in Spanish, havinglived and studied in Mexico. His wife Patricia isoriginally from Mexico City. They have threechildren.

Appointed by the Governor – Republican---------------------------------------------------------------

Cecilia Griffin Golden, Ph.D.Secretary

Dr. Cecilia Griffin Golden is the Assistant Provostfor Southern University and A&M College. Shebegan serving in this position in August 2007 afterserving as President and CEO for Volunteers ofAmerica for the Greater DC area for almost twoyears.

From 2001-2006, she was the CEO of the YWCAof Greater Pittsburgh. Before this, she served asthe Chief Academic Officer for the Rochester CitySchool District in Rochester, New York. As aRochester native, Dr. Griffin Golden served inmany positions with the City School Districtincluding teacher, reading supervisor, viceprincipal, principal and finally, chief academicofficer.

She began her term as Secretary of the JudicialConduct Board in 2008. In addition to serving onthe Judicial Conduct Board, Dr. Griffin Golden hasserved on many boards including the Board ofTrustees for Chatham College, the Board ofDirectors for Mt. Ararat Community ActivityCenter, the United Way of Allegheny County,WQED Multimedia, Inc., YWCA Mid AtlanticRegional Council, Executive Women’s Council,the United Neighborhood Council of GreaterRochester Foundation, etc. She has also servedon several Advisory Committees: the Women'sLaw Project, Magee Women's Hospital's AfricanAmerican Women's Health Initiative and theCORO Women in Leadership Project. She alsoserved as the co-chair of the Greater PittsburghWomen’s Commission, a Mayoral appointment.

Dr. Griffin Golden received her Bachelor of Artsdegree in Spanish Education from the New YorkState University of New York at Geneseo, and aMasters of Science in Teaching English as aSecond Language/Bilingual Education from theState University of New York at Albany. Dr. GriffinGolden completed her doctoral work at theUniversity of Buffalo, in Sociology of Educationwith an emphasis on educational administrationand multicultural education. She is a 1998graduate of Leadership America, and holdsseveral certificates including one from the


Principals' Center at the Harvard Graduate Schoolof Education.

Appointed by the Governor – Democrat---------------------------------------------------------------

Edwin L. Klett, EsquireEdwin L. Klett is senior counsel in BuchananIngersoll & Rooney's Pittsburgh office, where hefocuses his practice on many areas of corporateand business litigation. He is a trial attorney witha background in corporate law, banking, securitiesand business matters. He was an attorney withKlett Rooney Lieber & Schorling when it joinedBuchanan Ingersoll in 2006.

Mr. Klett received his legal education at TheDickinson School of Law, earning a J.D. degree in1962. While attending Dickinson, he served aseditor-in-chief of the Dickinson Law Review andwas a member of the Woolsack Society and theCorpus Juris Society. He earned a B.S. degree incommerce and finance at Bucknell University in1957.

In 2006, Mr. Klett was selected by thePennsylvania Supreme Court to serve a four-yearterm on the Judicial Conduct Board ofPennsylvania.

Mr. Klett is a fellow of the International Academyof Trial Lawyers, the American College of TrialLawyers, the American Board of Trial Advocates,the American Bar Foundation and the AmericanLaw Institute. He is a past president of theAcademy of Trial Lawyers of Allegheny County.He previously served as chair of the PennsylvaniaSupreme Court Civil Procedural Rules Committeeand also is a former member of that court'sAdvisory Committee on Appellate Court Rules.He has also served as the chair of thePennsylvania State Committee of the AmericanCollege of Trial Lawyers. Additionally, he is aformer member of the Lawyers Advisory Board ofthe U.S. Court of Appeals for the Third Circuit.

He is a member of the American Bar Associationand has been active in the Civil Litigation Section,the Corporation, Banking & Business LawSection, as well as the Tort and InsurancePractice Section. He previously served as amember of the ABA House of Delegates.

Mr. Klett is a former member of the House ofDelegates of the Pennsylvania Bar Association.He previously served as chairman of theSecurities and Class Action Committee of the CivilLitigation Section of the state association. He

also is a member of the Corporation, Banking andBusiness Law Section.

In 2008, Mr. Klett was elected to serve a three-year term on the Judiciary Committee of theAllegheny County Bar Association (ACBA). Hecontinues to be an active member of the ACBAhaving served as its president in 2000 and 2001and as a member of its board of governors in theyears 1999 through 2002 and 1988 through 1991.He formerly served as chairman of the FederalCourt Section of the association, the Bench-BarConference Committee and the Municipal &School Solicitors Section. He also is a formervice-chairman of the Court Rules Committee. Hehas also served as a lecturer at legal seminarsand as a panel member on public television.

Mr. Klett also is a former president of both theBucknell University Alumni Club of Pittsburgh andthe Dickinson Law Alumni Club of WesternPennsylvania. He is a former member of theBoard of Trustees of Bucknell University and alsoserves as a member of the board of advisors ofThe Dickinson School of Law of The PennsylvaniaState University. In 2006, he was selected as aPennsylvania Super Lawyer®. He has also beenlisted in The Best Lawyers in America for the past10 years.

Mr. Klett is admitted to practice before the UnitedStates Supreme Court, several federal Courts ofAppeal, the Pennsylvania Supreme Court, andmany other appellate and trial courts.

Appointed by the Supreme Court ofPennsylvania— Republican

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Ayanna M. Lee, EsquireAyanna M. Lee is a commercial real estateassociate in Reed Smith LLP’s Pittsburgh Office,where she focuses her practice on real estateacquisitions, dispositions, leasing transactions,general corporate matters and commercialdevelopment strategies.

Ms. Lee received her Juris Doctorate in 2004 fromThe Duquesne University School of Law. AtDuquesne she was a published member of theDuquesne Law Review, Chair of the Trial MootCourt Honor Society and President of the BlackLaw Students’ Association. Ms. Lee was therecipient of the "CALI Excellence for the FutureAward in Legal Writing" for earning the highestlegal writing grade during her first year. Whileattending law school, Ms. Lee also traveled toBeijing, China to study at the China University of


Political Science and Law and while therecompleted an internship at the international lawfirm of Lehman, Lee and Xu, LLP. She graduatedfrom Sewickley Academy and earned herBachelor of Arts degree in Legal Studies at PointPark University in 2000.

Prior to attending law school, Ms. Lee began herlegal career as a litigation paralegal at several lawfirms in Pittsburgh. After graduating from lawschool, she joined the Mid-Atlantic law firm of SaulEwing LLP as a commercial litigation associate inthe Princeton, New Jersey office. Ms. Lee islicensed to practice in New York, New Jersey andPennsylvania.

In 2008, Ms. Lee was appointed by the Governorto serve a four-year term on the Judicial ConductBoard. In addition to serving on this Board, she isthe Chair of the Moon Township ArchitecturalReview Board and serves on the board of ThreeRivers Youth. Ms. Lee is a member of the NewYork State Bar Association, the Pennsylvania BarAssociation, the Homer S. Brown Law Associationand the Allegheny County Bar Association’sYoung Lawyers Division and Women in the LawDivision.

Active in her community, Ms. Lee is a youthmentor through Duquesne University's CareerLiteracy for the Advancement of all Youth(CLAAY) Program, which provides students withmentoring and guidance to help them achievetheir educational and career goals, a volunteerparent for the Moon Athletic Association’s littleleague football program and an assistant coachfor her son’s basketball team. She has beennamed one of the New Pittsburgh Courier’s “Top40 under 40.”

Ms. Lee was born and raised in Pittsburgh andnow resides in Moon Township in AlleghenyCounty with her two children, Rayonna and Jose.Appointed by the Governor -- Democrat

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G. Craig Lord, EsquireG. Craig Lord is a partner in the law firm of BlankRome LLP, Philadelphia, and concentrates hispractice in the areas of real estate development,real estate lending, real estate sales andacquisitions, commercial litigation, and arbitrationand mediation.

In 2004, the Governor of Pennsylvania appointedMr. Lord to serve on the Judicial Conduct Boardwhere he was an active member until his termexpired in 2008.

Mr. Lord served as a Judge for the PhiladelphiaCourt of Common Pleas from 1988 to 1997. Hecommenced his legal career as a Law Clerk toJustice Samuel J. Roberts of the PennsylvaniaSupreme Court from 1971 to 1972. He was anassociate and subsequently a partner in the RealEstate Department of Blank Rome Comisky &McCauley LLP from 1972 to 1986; then wasGeneral Counsel to CoreManagment, Inc. from1986 to 1988. From 1997 to 1999 he served asCounsel to Raynes, McCarty, Binder, Ross &Mundy.

He is a Magna Cum Laude graduate ofGettysburg College and of the University ofPennsylvania Law School, where he received hisJuris Doctor Degree, Magna Cum Laude, andserved as an Editor of the Law Review.

Mr. Lord was born in Boston, Massachusetts,raised in the Philadelphia area, and now residesin the Chestnut Hill section of Philadelphia with hiswife, Rosemary. He and his wife, Rosemary, arethe parents of three children.

Appointed by the Governor – Democrat--------------------------------------------------------------

Honorable Samuel J. MagaroSamuel J. Magaro was born November 3, 1932, inSteelton, and is the son of Giuseppi (deceased)and Agnes Lappano Magaro (deceased). Heattended Elizabethtown College, PennsylvaniaState University, and Shippensburg State College,1975.

Judge Magaro served as a magisterial districtjudge in Lower Paxton Township, a suburb ofHarrisburg, from 1975 to 2002, and as a seniormagisterial district judge until July 2007; served inthe U.S. Air Force, 1951-1954; was a probationand parole officer, was a chief inheritance taxofficer for Dauphin County, and a research analystat the Pennsylvania House of Representatives.

Judge Magaro also has served as the assistant tothe chair for the Republican State Committee andwas the owner of Magaro's Restaurant. He is amember of the American Judicature Society,Special Court Judges Association ofPennsylvania; American Legion; Veterans ofForeign Wars; Knights of Columbus--4

thDegree

Member; Minor Court Rules Committee, 1990-1993. Judge Magaro was the first recipient of theJohn J. Jeffers Memorial Award by the SpecialCourt Judges Association of Pennsylvania, “Inrecognition of dedicated and unselfish service” in1995. He was appointed judge in the Court of


Judicial Discipline, August 1994 – 1999, andserved as president judge 1999-2000, SpecialCourt Judges Association of Pennsylvania; 2002 -Pennsylvania Supreme Court Award“Distinguished Service to Judicial System;” 2002Themis Award - Special Court Judges Associationof Pennsylvania.

Judge Magaro was also a formerly appointedmember of the Judicial Conduct Board in 2001and served as chairman of the Judicial ConductBoard 2004-2005. He also chaired the sub-committee of Intergovernmental Task Force thatwas established by the Supreme Court ofPennsylvania. From 2004 to 2007, he served asa senior magisterial district judge. In August2007, Judge Magaro was re-appointed as a non-lawyer elector to the Judicial Conduct Board.

Judge Magaro is married to Mary Roberto; andhas five children: Natalie, Ninette, Anne Marie,Samuel J., Jr., Anthony, and 12 grandchildren.

Appointed by the Supreme Court of Pennsylvania- Republican

--------------------------------------------------------------

Charlene R. McAbee, EsquireCharlene R. McAbee is a sole practitioner in herown law practice. Ms. McAbee retired from theCommonwealth of Pennsylvania, Department ofLabor and Industry after almost 38 years. She isalso co-owner and Chairperson of the Board ofRiver Development Corporation which converteda 52,000 square foot strip mall, located 3 milesfrom the new Pittsburgh casino location, into officeand storage space.

Ms. McAbee received a Juris Doctorate Degreeand a Masters Degree from Duquesne University;her Bachelor of Arts Degree from Seton HillUniversity and her doctorate degree (ABD) fromthe University of Pittsburgh.

Ms. McAbee was appointed by the Governor tothe Judicial Conduct Board in 2004 and served onthat board until 2008.

Ms. McAbee serves on the legal redresscommittee and is a life member of the NationalAssociation for the Advancement of ColoredPeople, is a member of the Black PoliticalEmpowerment Project, is a member and serveson the gaming committee of the Pennsylvania BarAssociation, is a member and serves on theentertainment committee of the Churchill ValleyCountry Club, is on the rolls and a board memberof the Council of Three Rivers American Indian

Center, is a member of the Pittsburgh TechnologyCouncil, is a member of the Pittsburgh RegionalMinority Purchasing Council, is a member of theAfrican American Chamber of Commerce, is amember of the Amen Corner, and a member anda former Board member of the Pennsylvania TrialLawyers Association.

Born and raised in Westmoreland County, shenow resides in Churchill Borough in AlleghenyCounty with her sister who is a practicing attorneyand her father.

Appointed by the Governor – Democrat--------------------------------------------------------------

Cynthia N. McCormickCynthia N. McCormick has more than 20 years ofgovernment relations and public affairsmanagement experience. As Associate VicePresident for Government Affairs for CarnegieMuseums of Pittsburgh, the largest culturalorganization in southwestern Pennsylvania, she iscurrently responsible for planning and maintaininggovernment relations and public affairs programson behalf of the four Carnegie Museums –Carnegie Museum of Art, Carnegie Museum ofNatural History, The Andy Warhol Museum, andCarnegie Science Center.

Ms. McCormick began her career in Washington,D.C., as the Legislative Assistant and PressSecretary to three members of Congress. In1984, she became Staff Consultant to AlleghenyCounty Commissioner, Barbara Hafer, for fouryears serving as the commissioner’srepresentative for all media contacts andmanaging relations with all government bodies onmatters related to the Allegheny County Jail. Shebecame Director of Government Relations for theOncology Nursing Society in 1988, and for eightyears was responsible for all lobbying activities,as well as building a government relationsprogram on behalf of this national medical society.

Before joining Carnegie Museums in 2002,Cynthia spent six years at Port Authority ofAllegheny County in consecutive roles as SeniorGovernment Affairs and Grants Administrator,Manager of Community Partnerships, and Directorof Marketing. In those roles, she was responsiblefor all lobbying activities on behalf of the PortAuthority, coordinated all community relationsactivities and promotional strategies, andmanaged all marketing and promotional activitiesdesigned to increase ridership and revenue for thePittsburgh-area public transit company, the 13

th

largest in the country.


For thirteen years she has served as the City ofPittsburgh Civil Service Commissioner.

Ms. McCormick recently served on the WQEDCommunity Advisory Board; Variety the Children’sCharity; and Gilda’s Club. She currently servesas a board member of the Good Grief CounselingCenter.

Appointed by the Governor – Republican-------------------------------------------------------------

Honorable Jack A. Panella(former Chair)

Judge Jack A. Panella was elected to the SuperiorCourt of Pennsylvania in 2003, and sworn intooffice as an appellate judge on January 9, 2004.His chambers are in Bethlehem. He had been atrial judge in Northampton County for twelveyears; in civil litigation, he presided over complexmass tort cases as well as medical malpracticetrials. He also presided over all types of criminaltrials, including homicides.

In 2004, he was appointed by Chief Justice RalphJ. Cappy to the Commission for Justice Initiativesin Pennsylvania, a committee organized tocoordinate and recommend judicial outreach andspecialized court programs. He is the Chair of thePublic Education and Community OutreachCommittee. He also is a member of the JustinianSociety, an organization concerned withmaintaining the highest standards of the legalprofession.

While a trial judge, he was Chair of theCommonwealth Partners Program, which involvedstatewide meetings attended by judges andlegislators to discuss and resolve issues of mutualconcern. In recognition of the success of thisprogram, Judge Panella was given the President’sAward from the Conference of State Trial Judgesin 2002. In his capacity as a trial judge, JudgePanella was also a member of the Judicial EthicsCommittee of the Conference.

On August 26, 1997, Judge Panella wasappointed by the Supreme Court of Pennsylvaniato the Pennsylvania Court of Judicial Discipline.In June 2000, he was elected President Judge. In2005, he was appointed by the Supreme Court ofPennsylvania to the Judicial Conduct Board,which is the investigatory and prosecutorial arm ofthe judicial discipline system in Pennsylvania. InAugust 2007, Judge Panella was elected chair ofthe Judicial Conduct Board where he served aschair until August 2008, and continued as amember of the Board until March 2009.

Judge Panella’s first book, THE PENNSYLVANIA

SEXUAL VIOLENCE BENCHBOOK, was published inDecember 2007.


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Carolyn "Raven" RudnitskyRaven Rudnitsky is a family therapist in privatepractice specializing in couples and familytherapy, women's issues and stress and timemanagement. She is also the Family GoalsFacilitator for Rudnitsky and Hackman, LLP, awealth strategies and estate planning law firm.Ms. Rudnitsky is a speaker and facilitator for thePennsylvania Bar Association and is a member ofthe PBA's Quality of Life/Balance Task Force.She was the first woman and first non-lawyer toserve as Chair during her six-year membership onthe Disciplinary Board of the Supreme Court ofPennsylvania.

In 2004, the Supreme Court of Pennsylvaniaappointed Ms. Rudnitsky to the Judicial ConductBoard where she served until 2008. Ms.Rudnitsky was secretary of the Judicial ConductBoard from 2004 until her term expired in 2008.

Ms. Rudnitsky has been active in severalorganizations in central Pennsylvania. Shefounded Valley Nursery School, a preschoolprogram which has been in existence for overthirty years. She has served as the past Chair ofthe Professional Division of the United Way inSnyder County and is a past President of theBoard of Directors at Hoffman Homes for Youth inGettysburg. She is now serving as president ofthe Church Council at St. Paul’s United Church ofChrist in her hometown.

Ms. Rudnitsky did her undergraduate work at thePennsylvania State University earning a Bachelorof Science degree in Secondary Education andEnglish and completed her graduate studies atBucknell University in School Psychology andCounseling. She lives in Selinsgrove with herhusband Marv who is an attorney. They are theproud parents of three grown daughters and thefortunate grandparents of three small boys andtwo little girls.

Appointed by the Supreme Court ofPennsylvania— Democrat

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James R. WeaverMr. Weaver is the past President of thePennsylvania State Education Association (PSEA)having completed his second term on August 31,2007. He served his first term as President fromSeptember 1, 2003 until August 31, 2005 afterserving two years as PSEA Vice President. Since1996, Mr. Weaver has served on the PSEA Boardof Directors, PSEA’s Budget Committee and as amember of the committee to evaluate PSEA’sexecutive director. He has also served onnumerous PSEA committees, including ChangeThat Works, Creating Collaboration, StrategicPlanning Implementation Team on Structure, andchairperson of the Policy Committee andAccountability Workgroup.

Mr. Weaver graduated from Lock Haven Collegewith a Bachelor of Science degree in secondaryeducation-social studies and graduated from PennState with a Master’s in Education degree insocial studies. In June 2008, Mr. Weaver retiredfrom teaching with 34 years of service. He hadbeen a Social Studies teacher in the State CollegeArea School District since 1973. From 1999 to2008, he had been the coordinator for the socialstudies department. He was president of the 589-member State College Area EducationAssociation from 1994-2001. Before becomingSCAEA president, Mr. Weaver served as vicepresident and chief negotiator. As SCAEApresident, Mr. Weaver was instrumental inbringing collaborative bargaining to the district.He also instituted weekly newsletters and wasinvolved in helping to organize the State CollegeEducational Support Personnel Association in1998.

In 1997, Mr. Weaver was elected president ofCentral Region PSEA. He led the reorganizationof the region governance to bring communicationsand activities closer to the cluster and local levels.He currently is serving as Vice President ofCentral Region PSEA.

Mr. Weaver has been an instructor ofOrganizational Success at PSEA’s SummerLeadership Conference, and since 1990 he hasbeen a delegate to the NEA RepresentativeAssembly. He also served as a member of thePSEA Board negotiations team in contractnegotiations with the Staff Organization.

In 2000, Mr. Weaver was the recipient of theHouse of Representative citation for involvementand participation in the Gift of Time for Childrenprogram. Since 2001, Mr. Weaver has served as

a member of the state board of Economics-PA,and has been the treasurer of EconomicsPA since2004. In 2002 he completed the Education PolicyFellowship Program, and in 2004 was therecipient of the EPFP Distinguished AlumniService Award.

In 2005 Mr. Weaver was appointed to thePennsylvania Judicial Conduct Board.

He is also a Lifetime Honorary Member of thePennsylvania PTA.


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Joseph A. Massa, Jr., EsquireChief Counsel

Joseph A. Massa, Jr. became Chief Counsel ofthe Judicial Conduct Board on March 4, 2002.

Mr. Massa’s professional career has beendiverse. Admitted to the Bar on May 1, 1969, Mr.Massa opened a private law practice and wasengaged in the general practice of law with a highconcentration in family, civil and criminal litigation.He handled thousands of cases, including over500 jury trials in courts throughout NorthwesternPennsylvania. In addition to his private practice,Mr. Massa served as Warren/Forest CountyPublic Defender from 1969 to 1989; as a three (3)term District Attorney for Warren County from1990 through 2001; as solicitor for YoungsvilleBorough and Solicitor for the Warren CountySchool District.

A graduate of the University of Notre Dame (BA inEconomics) and the Marshall School of Law ofCleveland State University, he is a member of theAmerican Bar Association, the Pennsylvania BarAssociation, the Association of Trial Lawyers ofAmerica, the National District AttorneysAssociation, the Dauphin County Bar Association,the Association of Judicial Disciplinary Counseland is a past President of the Warren County BarAssociation. Also, he is on the Board ofGovernor’s of Saint Thomas More Society ofCentral Pennsylvania. He has served on thePennsylvania Attorney General’s Task Force forthe Protection of Older Pennsylvanians. He wasan adjunct instructor (in criminal law) atPennsylvania State University, Indiana Universityof Pennsylvania, and Edinboro University ofPennsylvania.


As a native of Warren County in which he livedand raised his children, Mr. Massa was involvednot only in Northwestern Pennsylvania legal,business and community enterprises, but alsocontributed his support to the educational,political, religious and non-profit endeavors withinhis county.

Mr. Massa was co-founder of Warren CountyStudents against Drunk Driving and of the WarrenCounty School District Law Enforcement LiaisonTeam. He received the Warren County Chamberof Commerce Award for Exemplary Service to thecommunity.

He and his wife Rosemarie, reside in NewCumberland and have three grown children andtwo grandchildren.

MISSION STATEMENT

The Judicial Conduct Board is the state agencyresponsible by constitutional mandate forinvestigating complaints of misconduct againstjudges of Pennsylvania's unified judicial systemand, where appropriate, filing formal chargesagainst those judges found to have engaged inunethical behavior.

The members and staff of the Judicial ConductBoard take their duties to the citizens and judiciaryof Pennsylvania very seriously. The Board iscommitted to preserving the honor, dignity,independence, and integrity of Pennsylvania'sjudiciary. Political affiliation, race, color, age,national origin, sex, sexual orientation, ancestry,religious creed, disability, and the position orstatus of the complainant or judge, are notconsiderations in reviewing cases. The Board'sduties to the public require the honesty,intelligence, professionalism, and diligence ofevery Board and staff member.

The Board and its staff investigate everyallegation made against a Pennsylvania judge.This procedure is an essential safeguard to theintegrity of, and public confidence in, the judicialprocess. Judges are held to a high standard ofethical conduct as prescribed by the laws ofPennsylvania, including the Code of JudicialConduct, and the Board and its employees striveto conduct themselves in a similar manner.

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OVERVIEW OF THE BOARD

Authority of the BoardThe Judicial Conduct Board (formerly the JudicialInquiry and Review Board) was created by anamendment to the Pennsylvania Constitutionadopted on May 18, 1993 and declared in effectby the Governor’s Office on August 11, 1993. It isthe independent state agency responsible forinvestigating allegations of judicial misconduct ordisability or impairment.

The Board has jurisdiction over PennsylvaniaSupreme Court Justices; Superior andCommonwealth Court Judges, Common PleasCourt Judges, Philadelphia Municipal and TrafficCourt Judges, and Magisterial District Judges.The Board has no jurisdiction over federal judgesand magistrates, administrative hearing officersfor state agencies or private mediators, arbitratorsor masters.

The Board's Unique RoleUnder the Pennsylvania State Constitution, theBoard is the only agency of state government withthe authority to investigate judges for ethicalmisconduct. Its disciplinary role is unique. TheBoard's system has served Pennsylvania wellsince its inception in 1993. Some judges havebeen publicly disciplined for judicial misconduct,others have been confidentially cautioned, and anumber have resigned while under inquiry. It isundoubtedly fair to state that the PennsylvaniaJudiciary has become more sensitive to its ethicalobligations, and that public confidence in thejudiciary has consequently improved.

Members of the BoardThere are 12 members of the Board, servingstaggered four (4) year terms, as follows:

Six citizen members who are neitherattorneys nor judges;

Three judges, one from each of thefollowing court levels: an appellate courtjudge, a common pleas court judge and amagisterial district judge, and

Three attorneys who are not judges.

Members meet regularly to conduct Boardbusiness, and receive no compensation for theirservice.

One of the critical features of the Board's systemis its structural independence. The 12 boardmembers are appointed to staggered four-yearterms by various designating authorities - theGovernor and the Pennsylvania Supreme Court -neither of whom controls a majority.

OVERVIEW continued

Governing LegislationThe Board is governed by Article V, Section 18 ofthe Pennsylvania Constitution, Chapter 21,Subchapter A of Title 42 (Judiciary and JudicialProcedure) of the Pennsylvania ConsolidatedStatutes (Appendix I herein). As part of thejudiciary and as an independent entity having itsown constitutional and statutory provisionsregarding confidentiality of papers, records andproceedings, the Board is not governed by thePennsylvania Public Information Act, the OpenMeetings Act or the Pennsylvania AdministrativeCode.

Defining Judicial MisconductJudicial misconduct could arise from a violation ofthe Pennsylvania Constitution, the PennsylvaniaCrimes Code, the Pennsylvania Code of JudicialConduct, the Rules Governing Standards ofConduct of Magisterial District Judges, or rulespromulgated by the Supreme Court ofPennsylvania. It could occur through the judge’sfailure to cooperate with the Board. Otherexamples of judicial misconduct includeinappropriate or demeaning courtroom conduct,such as yelling, profanity, gender bias, or racialslurs. It could be improper ex partecommunication with only one of the parties orattorneys in a case, a public comment regarding apending case, or a failure to recuse or disqualifyoneself in a case where the judge has an interestin the outcome. It could involve ruling in a case inwhich the parties, attorneys, or appointees arerelated within a prohibited degree of kinship to thejudge. Judicial misconduct could occur through ajudge’s failure to cooperate with respect to his orher obligations arising from a Board’s inquiry, orfailure to abide by any provision of a voluntaryagreement to resign in lieu of disciplinary action.

Judicial misconduct could also arise from out-of-court activities, including theft, driving whileintoxicated, improper financial or businessdealings, sexual harassment or officialoppression; and is subject to the same review bythe Board.

Sources of Complaints and AllegationsThe Board has the duty to consider allegationsfrom any source, including an individual, a newsarticle, or information received in the course of aninvestigation. Although the Board does acceptanonymous complaints, they are much moredifficult to fully investigate.

Board LimitationsThe Board cannot exercise appellate review of acase or change the decision or ruling of any court,

nor can the Board intervene in a pending case orproceeding. For example, if the Board finds ajudge’s actions to be misconduct, the Board canonly file formal charges and seek appropriatesanctions against the judge, which could includethe judge’s removal from the bench. However,even removal would not change the judge’s rulingin the underlying case. Only the appellateprocess is empowered to change the decision of acourt.

Likewise, the Board cannot provide individuallegal assistance or advice to a complainant. TheBoard cannot remove a judge from a case. TheBoard cannot award damages or providemonetary relief to complainants.

Board Investigations and ActionsCases are reviewed, analyzed and investigated bythe Board staff. The first step in an investigationinvolves a preliminary inquiry, which may includeinterviews with the complainant, attorneys andother witnesses and the review of relevantdocuments. The full Board then considers theresults of the investigation in reviewing thecomplaint. The Board has several optionsavailable when deciding whether to take action ona case. At this stage, the Board is most likely tomake one of two choices:

Dismiss the complaint because it is clearthat the allegations do not warrantdisciplinary actions against the accusedjudge; or

Authorize a full investigation to determineif there is “clear and convincing evidence”of misconduct.

After a full investigation is authorized andconducted, the Board makes one of two choices:

Dismiss the complaint because there isnot probable cause of judicial misconduct;or

File formal charges against the accusedjudge with the Court of Judicial Disciplinefollowing a determination that there isprobable cause of judicial misconduct.

The types of actions that could be taken by theCourt of Judicial Discipline include dismissal,sanction, suspension, acceptance of a voluntaryagreement to resign from judicial office in lieu ofdisciplinary action, and removal from the bench.A detailed discussion of the Board’s proceduresfor analyzing complaints and allegations and anoverview of the complaint process is presented inSection II. The number and types of action taken

OVERVIEW continued

by the Board in calendar year 2008 are presentedin the summary of Board Activity in Section IV.

Board Organization and StaffThe Board has nine staff positions, including theChief Counsel, two attorneys, and six supportstaff. All Board staff members are full-timeCommonwealth State employees.

The Board’s legal staff, which consists ofattorneys, a legal assistant and investigators, isresponsible for the evaluation and investigation ofcomplaints. The attorneys are primarilyresponsible for reviewing and evaluating newcomplaints. The investigators conduct in-houseand on-site investigations. The legal assistantperforms legal research.

The three attorneys serve as trial counsel duringproceedings before the Court of Judicial Disciplineand are responsible for preparing cases andpresenting the evidence that supports the chargesbefore the Court of Judicial Discipline.

The Chief Counsel heads the staff and reportsdirectly to the Board. The Chief Counsel is alsothe primary liaison between the Board and thejudiciary, the public and the media.

Outreach and EducationIn 2008, the Chief Counsel and Board membersmade numerous presentations at judicial trainingcourses and court-staff conferences, describingthe Board and discussing various forms of judicialmisconduct. Chief Counsel presents the ethicscomponent at the annual recertification classes ofthe magisterial district judges.

Board WebsiteThe Board’s website appears at, www.jcbpa.org.The website provides downloadable complaintforms. The website also offers answers tofrequently asked questions regarding the Board,such as its composition, structure and jurisdiction;the judicial complaint process; and a descriptionof the range of decisions the Court of JudicialDiscipline can make, from dismissal to sanction.Further, the website provides links of interest toother websites dealing with judicial ethics.

Also included are the Board’s governingprovisions: Code of Judicial Conduct,Pennsylvania Constitution, Article V, Section 18,Rules Governing Standards of Conduct ofMagisterial District Judges and other pertinentrules and codes.

Public InformationThe availability of information and recordsmaintained by the Board is governed by Article V,Section 18(a)(8) of the Pennsylvania Constitution.

Generally, Board records are confidential. AllBoard meetings and proceedings are closed tothe public to protect complainants from retaliationby accused judges and judges from theembarrassment of complaints that have no merit.

Once formal charges are filed with the Court ofJudicial Discipline, the case is no longerconfidential and all pleadings and proceedings areopen to the public.

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Confidentiality of BoardProceedings

Judicial Conduct Board proceedings are strictlyconfidential, including the fact that there is acomplaint or investigation, as provided in ArticleV, Section 18(a)(8) of the Constitution of theCommonwealth of Pennsylvania, and Rule 17 ofthe Judicial Conduct Board Rules of Procedures(J.C.B.R.P.).

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2008 SUMMARY OF BOARDACTIVITY AND STATISTICAL DATA

JURISTS POSITIONS:In 2008, there were 1194 jurists within theBoard’s jurisdiction.

2008Jurists

SeniorJurists

Supreme Court 7 0Superior Court 15 6Commonwealth 9 6Common Pleas 428 75Magisterial District Judges 521 88Phila. Municipal Court 25 5Phila. Traffic Court 7 2TOTAL 1012 182

http://www.jcbpa.org/

OVERVIEW continued

OVERVIEW continued

Judicial Conduct Board of Pennsylvania – Complaint Resolution Process

INITIAL SCREENINGPRELIMINARY

INVESTIGATIONFULL INVESTIGATION

FORMALPROCEEDINGS

SUPREMECOURT

Chief Counselreviews each“complaint” todetermine whether itis a complaint withinthe Judicial ConductBoard’s (JCB)jurisdiction.

Staff returns non-JCBcomplaints (i.e.,complaints againstattorneys or federaljudges) tocomplainant withappropriateinstructions.

For JCB complaints,staff prepareselectronic and paper-copy file, sendsacknowledgmentletter to complainant,and returns paper-copy file to ChiefCounsel.

Chief Counselassigns a staffattorney.

Judicial ConductBoard (JCB) attorneyand/or investigatorconducts preliminaryinvestigation, writespreliminaryinvestigation report,and recommendswhether to dismiss orto proceed to fullinvestigation as tosome or allallegations.

Staff distributespreliminaryinvestigation reportand recommendation,along with pertinentmaterials, to JCBmembers.

JCB meets, reviewsand discussespreliminaryinvestigation reportand recommendation,and votes to dismiss,to have staff conductadditional preliminaryinvestigation, or toproceed to fullinvestigation as tosome or allallegations.

Staff provides judge withpertinent materials andasks judge to respond inwriting to identifiedallegations.

Attorney and/orinvestigator conductadditional investigation, ifnecessary, as to issuesraised in judge’sresponse. Investigatormay write supplementalinvestigation report.Attorney may makerecommendationwhether to dismiss or toproceed to formalproceedings.

Staff distributes judge’sresponse and anysupplementalinvestigation report andrecommendation, alongwith pertinent materials,to JCB members.

JCB meets, reviews anddiscusses judge’sresponse, and anysupplementalinvestigation report andrecommendation, andvotes to dismiss, to havestaff conduct additionalinvestigation, or toproceed to file formalcharges before the Courtof Judicial Discipline.

Staff prepares formalcomplaint, filescomplaint with theCourt of JudicialDiscipline, and servessame upon judge viacertified mail. Matterbecomes public uponfiling.

Judge may file writtenresponse.

Matter may beresolved by stipulatedresolution or publichearing.

A stipulated resolutionmay recommend thefollowing:

- Reprimand;- Suspension;- Removal from

Office;- Involuntary

Retirement.

After a public hearing,the Court of JudicialDiscipline maydismiss the matter ormay issue a sanctionof:

- Reprimand;- Suspension

(with/without pay);- Removal from

Office;- Permanent Bar

from Bench.

Either the JudicialConduct Board orthe respondentjudge may appealthe order of theCourt of JudicialDiscipline directlyto the SupremeCourt ofPennsylvania.

OVERVIEW continued

New Complaints – 2008The Board opened a record number of cases in2008 – 636.

The following graph shows the breakdown ofthose cases by type of judicial officer.

LEVEL OF JUDICIAL OFFICER(Based on cases opened during 2008 calendar year)

Common Pleas (432) MDJs (184)

Supreme Court (9) Superior Court (6)

Commonwealth Court (1) Traffic Court (2)

Other (2)

The Board also received complaints concerningindividuals who did not fall within the Board’sjurisdiction such as attorneys, federal judges,former judges, workers’ compensation judges,other government officials and miscellaneousindividuals. The Judicial Conduct Board staffresponded to each of these complaints and whenappropriate, made referrals. Complaints receivedoutside of the Board’s jurisdiction were notopened as Board cases and are, therefore, notincluded in the number of opened cases.

Complaint DispositionsThe Board disposed of 621 cases in 2008.

Dismissed After Preliminary InquiryOf the 621 cases closed in 2008, 579 weredismissed after preliminary inquiry. Thesecomplaints had facts that, even if true, would notconstitute judicial misconduct. Further,investigation showed the allegations wereunfounded or not provable, or the judge gave anadequate explanation of the situation. They alsoincluded complaints alleging legal error notinvolving misconduct or expressed dissatisfactionwith a judge’s discretionary handling of judicial

duties. Additionally, not all cases are dismissed inthe year in which they are received by the Board.

Notice of Full InvestigationIf after a preliminary inquiry into a case, the Boardfeels sufficient evidence of judicial misconductmay have occurred, they will issue a Notice of FullInvestigation to the judicial officer. The judicialofficer will then have an opportunity to respond tothe allegations. In 2008, the Board issuedeighteen (18) Notices of Full Investigation, notingone Notice of Full Investigation may be inclusiveof multiple case numbers.

Dismissed After Full InvestigationOf the 621 cases closed in 2008, 13 weredismissed after full investigation. In these cases,there was enough evidence after the formal fullinvestigation to continue, and there was not clearand convincing evidence that the allegedmisconduct did occur.

Letter of CautionThe Board issued fourteen (14) letters of cautionin 2008. Letters of Caution are issued as privatewarnings of judicial misconduct. The judicialofficer is not required to sign or accept a letter ofcaution.

Letter of CounselThe Board issued eight (8) letters of counsel in2008. Letters of Counsel are issued in caseswhere there is sufficient evidence of judicialmisconduct, but the evidence suggests that it wasan isolated incident. The Letter of Counsel is aprivate reprimand and is subject to the judicialofficer’s acceptance.

Formal ChargesIn two (2) of the 621 closed cases in 2008, theBoard filed formal charges with the Court ofJudicial Discipline. In these cases, the Boarddetermined there was clear and convincingevidence that judicial misconduct had occurred.

OVERVIEW continued

COMPLAINT DISPOSITION ACTIVITY DURING 2008

Five Year Statistical Summary*

YearComplaintsReceived

Notices of FullInvestigation

Issued

Letters OfCautionIssued

Letters OfCounselIssued

Dismissed AfterPreliminary

Inquiry

FormalCharges

Filed2004 556 18 17 4 528 6

2005 508 20 20 12 490 4

2006 597 41 15 10 507 3

2007 620 38 15 20 615 2

2008 636** 18 14 8 579 2

Total 2917 135 81 54 2719 17

* Note: Complaints are not necessarily closed in the year in which received and may remain activecases for more than one year. In addition, multiple complaints may be collectively assigned to ajudicial officer.

** This number exceeds all prior yearly totals since the Board’s inception in 1993.

Dismissed after Preliminary Inquiry – 579

Notice of Full Investigation – 18(One Notice of Full Investigation Letter may be inclusive ofmultiple case numbers.)

Letter of Counsel – 8

Letter of Caution – 14

Formal Charges – 2

COMPLAINT DISPOSITION: 5-YEAR SUMMARY(Based on calendar years 2004, 2005, 2006, 2007, and 2008)

JUDICIAL MISCONDUCTThe following are some types of judicial misconduct that may lead to discipline:

Improper Courtroom Decorum Rude, abusive, and otherwise improper treatment of parties, counsel, witnesses, jurors, court

staff and others. Failing or refusing to dispose promptly of judicial business. Improper or eccentric conduct while on the bench, such as sleeping or drunkenness. Expressions of bias based on gender, ethnicity, etc.

Improper Influence Allowing family, social, or political relationships to influence judicial decision-making. Conflict of interest. Giving or receiving gifts, bribes, loans, or favors.

Other Improper or Illegal Activities Including Off-Bench Conduct Abusing the contempt power. Interfering with the attorney-client relationship. Communicating improperly with only one side to a proceeding. Commenting or interfering with a pending or impending case. Engaging in improper political campaign activities. Misappropriating or misusing public property, funds, or resources. Violating rules relating to court administration. Obstruction of justice, perjury, or filing a false document. Ticket-fixing. Non-court criminal behavior. Use of court resources for personal gain. Inappropriate political activity (not related to judge’s campaign for judicial office). Failure to cooperate with board; lying to board; asking witness to lie, Private Discipline

If the Board determines that alleged conduct has occurred, it may issue a “Letter of Counsel”privately reprimanding the judge. This private reprimand requires a judge to present himself orherself before Chief Counsel to sign and receive the Letter of Counsel containing the Board’sofficial disapproval and reprimand. As part of this process, a judge must agree that the “Letter of

Letters of

Counsel

Formal ChargesLetters of

Caution

DAFI

DAPI

Dismissed After Preliminary

Inquiry (DAPI) 2,719

Dismissed After Full

Investigation (DAFI) 135

Letters of Caution 81

Letters of Counsel 54

Formal Charges 17

OVERVIEW continued

Counsel” may be used in future court proceedings should new complaints be filed against him orher.

In 2008, the Board issued eight (8) Letters of Counsel. Examples of the complaints resulting inthis private discipline include:

Political activity of staff; Failure to disclose to litigants information that might warrant recusal. Inappropriate demeanor (inside/outside the courtroom, ex parte communications, and

political activity). Improper delay in addressing court matters ripe for disposition. Failure to reside within magisterial district (ultimate resignation). Alteration of official court documents. Inappropriate remarks to a victim seeking a protection from abuse order (PFA). Maintaining a list of police officers who had cooperated with Board investigations,

containing disparaging comments describing each police officer. Public comment regarding pending legal issues.

Nationwide:Pennsylvania reflects a nationwide trend of increased scrutiny of judicial conduct. Thenationwide statistics of judicial discipline are outlined below.

The 350 judges removed since 1980 corresponds to an average of 12.5 judgesremoved each year.

Notwithstanding these statistics, the vast majority of Pennsylvania judges comportthemselves appropriately, and discharge their judicial responsibilities with dignity andhonor. Indeed, ninety-five (95) percent of all complaints filed with the Judicial ConductBoard are dismissed after preliminary inquiry, and less than one (1) percent result in thefiling of formal charges against a judge before the Court of Judicial Discipline.

In 2008:

12 judges were removed fromoffice

11 judges resigned (or retired)in lieu of discipline

114 judges received otherpublic sanctions

12 judges were suspendedwithout pay, with sanctionlengths between 3 days to 3years

17 judges were publiclycensured

69 judges were publiclyreprimanded or admonished

Since 1980:

350 judges have beenremoved

Revised: 08/10/2004

COMMONWEALTH OFPENNSYLVANIA

JUDICIAL CONDUCT BOARDPENNSYLVANIAJUDICIALCENTER

601COMMONWEALTHAVE,SUITE3500

P.O. BOX 62525HARRISBURG, PA 17120-0901

(717)-234-7911

OFFICIAL USE ONLY

Rec’d:

JCB No:

County:

CONFIDENTIAL REQUEST FOR INVESTIGATION

INSTRUCTIONS: Please type or print. If you wish to provide documents to support your allegations, please attach copies of thosedocuments. We cannot return documents. The Board’s jurisdiction extends only to Pennsylvania Supreme Court Justices, Superiorand Commonwealth Court Judges, Common Pleas Court Judges, Philadelphia Municipal and Traffic Court Judges and MagisterialDistrict Judges. Once completed, you must sign and return this form to the address above.

NOTICE: The Judicial Conduct Board has no authority to change a Judge’s decisions or rulings. Our jurisdiction extends only toconduct that violates the Code of Judicial Conduct or the Rules Governing Standards of Conduct of Magisterial District Judges, whichmay be found at our website at www.jcbpa.org.

Your Information:

Name:

Address:

City: State: Zip:

Telephone:( )

( )

Judicial Officer’s Information:

Name:

County:

Type of Judicial Officer:

Magisterial District Judge

Judge

Case Information: (If misconduct allegations relate to Court Proceedings.) Case Has Been Appealed

Case Name: Case Docket Number:

Your Attorney: Opposing Attorney: Witness:

Name: Name: Name:

Address: Address: Address:

Phone: Phone: Phone:

I certify that I have read the information concerning the Judicial Conduct Board’s function, jurisdiction, andprocedures included in the accompanying brochure. I further swear (or affirm) that the above information istrue and accurate. The statements in this complaint are made subject to the penalties of 18 Pa. C.S. § 4904(relating to unsworn falsification to authorities.)

Date Your Signature

Revised: 08/10/2004

Please use this page to explain your complaint, providing as much detail as possible.Attach additional pages if needed.

Please note, it is not required that you present your grievance to the Board in person. Personal interviews are not required and arenot usually necessary for our preliminary review, investigation, and understanding of grievances. If we need further informationrelative to your grievances, you will be contacted by phone or letter and arrangements will be made for an interview if deemednecessary.

BACK SIDEOF REQUEST FOR CONFIDENTIAL INVESTIGATION

entire jcb 2008 annual report

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