pa judicial conduct board

Use of Nonpublic Information. (A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows: (1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided: (a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and. Box 62595 Harrisburg, PA 17106-2595 p: 717-772-3771 f: 717-772-3774 . Nonetheless, if a gift or other benefit is given to the judges spouse, domestic partner, or member of the judges family residing in the judges household, it may be viewed as an attempt to evade Rule 3.13 and influence the judge indirectly. . Judicial Conduct Board. Court of Judicial Discipline - Unified Judicial System of Pennsylvania The Code is designed to assist judges in practicing the highest standards of judicial and personal conduct and to establish a basis for disciplinary agencies to regulate judges conduct. Testifying as a Character Witness. 4. Candidates are responsible for compliance with the requirements of election law and other applicable law, and for the activities of their campaign committees. (1) Under this Rule, a judge is disqualified whenever the judges impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (6) apply. AggregateIn relation to contributions for a candidate, includes contributions in cash or kind made directly to a candidates campaign committee or indirectly with the understanding that they will be used to support the election of a candidate or to oppose the election of the candidates opponent. Rule 4.3 amended October 31, 2014, effective immediately. A judge shall perform the duties of judicial office impartially, competently, and diligently. (D) a judge may consult with and make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, or the administration of justice. ImproprietyIncludes conduct that violates the law, court rules, or provisions of this Code, and conduct that undermines a judges independence, integrity, or impartiality. (B) A judge shall not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer. The judge should keep in mind the effect that the judges participation in settlement discussions may have, not only on the judges own views of the case, but also on the perceptions of the lawyers and the parties if the case remains with the judge after settlement efforts are unsuccessful. Judges are uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. Press Releases - Judicial Conduct Board of Pennsylvania Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her. 4.5. A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. P.O. 1. Although judges and judicial candidates may register to vote as members of a political party, they are prohibited by paragraph (A)(1) from assuming leadership roles in political organizations. Canon 2. (B) Reimbursement of expenses for necessary travel, food, lodging, or other incidental expenses shall be limited to the actual costs reasonably incurred by the judge and, when appropriate to the occasion, by the judges spouse, domestic partner, or guest. (6) The prohibition against a judge investigating the facts in a matter extends to information available in all mediums, including electronic. Current Board Members. (2) An independent, fair, honorable and impartial judiciary is indispensable to our system of justice. Whether disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the violation, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. Box 62525 Harrisburg, PA 17106-2525 (717) 234-7911 For example, a judge should resign as trustee if divesting the trust of holdings that place the judge in violation of Rule 3.1 of this Code would result in detriment to the trust. Suite 3500 2 Specific rules governing standards of conduct of magisterial district judges, and judges of the Philadelphia Municipal Court, Traffic Division, are set forth in the Supreme Court Rules Governing Standards of Conduct of Magisterial District Judges. Rule 3.6 Amended April 25, 2018, effective July 1, 2018. (h) whether a broad range of judicial and nonjudicial participants are invited, whether a large number of participants are invited, and whether the program is designed exclusively for judges. A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before and dealings with governmental bodies. The Court of Judicial Discipline of the Commonwealth of Pennsylvania. (3) In public elections for judicial office, a candidate may be nominated by, affiliated with, or otherwise publicly identified or associated with a political organization, including a political party. Acceptance of Gifts, Loans, Bequests, Benefits, or Other Things of Value. Canon 3: A Judge shall conduct the Judge's personal and extrajudicial activities to minimize the risks of conflict with the obligations of judicial office. Testifying as a Character Witness. The judge must reasonably obtain and consider information necessary to make an informed judgment about whether acceptance would be consistent with the requirements of this Code. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of this Code. (4) Judges should participate in activities that promote ethical conduct among judges and lawyers, support professionalism within the judiciary and the legal profession, and promote access to justice for all. (a) served as a lawyer in the matter in controversy, or was associated with a lawyer who participated substantially as a lawyer in the matter during such association; (b) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding, or has publicly expressed in such capacity an opinion concerning the merits of the particular matter in controversy; or. (3) Prompt disposition of the courts business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judge to that end. (A) A judge shall require order and decorum in proceedings before the court. The Judicial Conduct Board filed misconduct charges against Pennsylvania Supreme Court Justice J. Michael Eakin on Dec. 8, 2015. (5) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits the judge to reach a particular result or rule in a particular way in the proceeding or controversy. In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal or civic extrajudicial activities not conducted for profit, even when the activities do not involve the law. Judicial Conduct Board Procedure, Rule 1, 42 Pa.C.S.A., PA ST J COND BD P Rule 1. JUDICIAL CONDUCT BOARD. (2) Although each judge comes to the bench with a unique background and personal philosophy, a judge must interpret and apply the law without regard to whether the judge approves or disapproves of the law in question. 4 JD 14. 6. When seeking support or endorsement, or when communicating directly with an appointing or confirming authority, a candidate for appointive judicial office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. (B) seek endorsements for the appointment from any person or organization. The candidate shall take reasonable steps to cause his or her campaign committee to comply with applicable provisions of this Code and other applicable law. A candidate for appointment to judicial office may: (A) communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and. (4) The judge knows or learns that a party, a partys lawyer, or the law firm of a partys lawyer has made a direct or indirect contribution(s) to the judges campaign in an amount that would raise a reasonable concern about the fairness or impartiality of the judges consideration of a case involving the party, the partys lawyer, or the law firm of the partys lawyer. (A) A judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entitys lawyer, the right to be heard according to law. The agreement shall be incorporated into the record of the proceeding. Box 62525 Harrisburg, PA 17106-2525 (717) 234-7911. Rule 3.9. 4.1. S. Burda v. PA Judicial Conduct Board (majority) - Justia Law A judge shall conduct the judges personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office. See Rules 4.2(B)(2) and 4.2(B)(3). Action taken in reliance thereon and pursuant thereto shall be treated as set forth in Rules 103 and 206 of the Rules of the Pennsylvania Judicial Ethics Advisory Board in determining whether discipline should be recommended or imposed. 239 M.D. Per Curiam Such limited practice is also subject to the disclosure of employment within the Unified Judicial System to the parties and the court in which the judge represents himself or herself. Financial Activities. Decorum, Demeanor, and Communication with Jurors. See Rule 4.1(A)(12). Judicial Conduct Board of Pennsylvania | Committed to excellence, and (2) Often, sponsoring organizations invite certain judges to attend seminars or other events on a fee-waived or partial-fee-waived basis, sometimes including reimbursement for necessary travel, food, lodging, or other incidental expenses. Judicial Statements on Pending and Impending Cases. Paragraph (A)(12) does not specifically address judicial responses to such inquiries. It applies to employees defined as, Employees of the Unified Judicial System and includes 1) all state-level court employees, and 2) all county-level court employees who are under the supervision and authority of the President Judge of a Judicial District of Pennsylvania, unless otherwise indicated by Supreme Court order or rule. Member of the judges familyThe spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. 1. Judicial Ethics Advisory Board - Unified Judicial System of Pennsylvania (5) Although members of the families of judges and judicial candidates are free to engage in their own political activity, including becoming a candidate for public office, there is no family exception to the prohibition in Rule 4.1(A)(3) against a judge or candidate publicly endorsing candidates for public office. So long as continuation will not interfere with the proper performance of judicial duties, a judge serving as an officer or director otherwise precluded by Rule 3.11(B), may complete the term of service if such may be accomplished in twelve months or less. See Rule 3.6. 1.3. Rule The judiciary consequently plays a fundamental role in ensuring the principles of justice and the rule of law. (3) Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judges official or judicial actions, are likely to appear to a reasonable person to call into question the judges integrity and impartiality. Rule 2.4. Affiliation with Discriminatory Organizations. FOOTNOTES . A persons knowledge may be inferred from the circumstances. Canon 4. The Code is to be construed so as not to impinge on the essential independence of judges in making judicial decisions. However, during the period of such extrajudicial appointment the senior judge shall refrain from judicial service. Similarly, a judge must not use judicial letterhead to gain an advantage in conducting his or her personal business. When a complaint is filed against a judge, the Judicial Conduct Board (hereafter "Board" or "JCB") is responsible for determining . For the same reason, a judges extrajudicial activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination. LIMITATIONS ON BOARD ACTION; EXCEPTIONS 15. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed. No. (2) As soon as practicable without serious financial detriment, the judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule. Campaigns for judicial office must be conducted differently from campaigns for other offices. Competence, Diligence and Cooperation. Harrisburg, PA 17106-2525 (2) a business entity primarily engaged in investment of the financial resources of the judge or members of the judges family. (C) A judge shall not approve compensation of appointees beyond the fair value of services rendered. 3.13. Bias, Prejudice, and Harassment. Judicial candidateAny person, including a sitting judge, who is seeking appointment, election or retention to judicial office. (A) Except as permitted by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not: (1) act as a leader in, or hold an office in, a political organization; (2) make speeches on behalf of a political organization or a candidate for any public office; (3) publicly endorse or publicly oppose a candidate for any public office; (4) solicit funds for, pay an assessment to, or make a contribution to a political organization or a candidate for public office; (5) attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; (6) use or permit the use of campaign contributions for the private benefit of the judge or others; (7) personally solicit or accept campaign contributions other than through a campaign committee authorized by Rule 4.4; (8) use court staff, facilities, or other court resources in a campaign for judicial office; (9) knowingly or with reckless disregard for the truth make any false or misleading statement; (10) make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending in any court; (11) engage in any political activity on behalf of a political organization or candidate for public office except on behalf of measures to improve the law, the legal system, or the administration of justice; or. Rule 2.1. Political and Campaign Activities of Judges and Judicial Candidates in General. (2) A judge may obtain the written advice of a disinterested expert on the law applicable to a proceeding before the judge, if the judge gives advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited, and affords the parties a reasonable opportunity to object and respond to the notice and to the advice received. Decorum, Demeanor, and Communication with Jurors. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary. Deputy Chief Counsel. The judge should be mindful, however, that judicial duties must take precedence over other activities. Fiduciary Activities. (3) Although it is not a duty of judicial office unless prescribed by law, judges are encouraged to participate in activities that promote public understanding of and confidence in the administration of justice. 601 Commonwealth Ave A judge shall not serve as the executor, administrator, trustee, guardian, attorney in fact, or other personal representative or other fiduciary, except for the estate, trust, or person of a member of the judges family, and then only if such service will not interfere with the proper performance of judicial duties. Frank Puskas - Chief Counsel - Pennsylvania Judicial Conduct Board The Unified judicial system of Pennsylvania. 3.8. Competence, Diligence and Cooperation. The new chief counsel for the Judicial Conduct Board of Pennsylvania has Warren ties. For information about filing a complaint with the Board, click the . Alternatively, a jurist may place such investments or other financial interests in a blind trust or similarly protective financial vehicle. Service as Arbitrator or Mediator. FiduciaryIncludes relationships such as executor, administrator, trustee, or guardian. Miller Colby J 234-7911. Nov 2011 - Apr 20164 years 6 months. Unwarranted disqualification or recusal may bring public disfavor to the court and to the judge personally. 1.2. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentence reports, dependency cases, or psychiatric reports. Paragraph (B)(2) places no restrictions upon the ability of a judge to accept gifts or other things of value from friends or relatives under these circumstances, and does not require public reporting. Bureau Chief. Depending upon the wording and format of such questionnaires, candidates responses might be viewed as pledges, promises, or commitments to perform the adjudicative duties of office other than in an impartial way.

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