PA Judicial Discipline Handbook (includes book + digital download)
PA Judicial Discipline Handbook
AUTHORS: SARAH A. STEERS, J.D. and JOEL FISHMAN, PH.D., M.L.S.
Includes book + digital download (link provided at checkout)
Published: September 2018 (1st Edition)
Library of Congress Control Number: 2018952497
ISBN: 978-1-7325640-0-8
It's been a short 25 years since the 1993 amendment to our state charter created a new two-tiered system of judicial discipline, replacing the Judicial Inquiry and Review Board with two independent entities- the Judicial Conduct Board and the Court of Judicial Discipline. Dr. Joel Fishman and Sarah Steers have created the first compendium of Pennsylvania law and jurisprudence in this field. Their work is timely and fills a void.
The adjective "glacial" has been used to describe the rate of development of our jurisprudence in this field. Twenty-five years, for most areas of law, is but a blink of the eye. For most of these years, happily, only a few cases each year were filed and litigated against the judges and justices in our state judiciary. While this paucity of case filings contributes to the slow development of our jurisprudence, the system created by the 1993 constitutional amendment can certainly be said to be functioning as its drafters intended.
The opinions of the Court of Judicial Discipline and the Supreme Court of Pennsylvania that are referenced in this volume serve multiple purposes. Not only do they dispose of cases, they also provide guidance to our judges on the contours of Pennsylvania's Code of Judicial Conduct and Rules Governing Standards of Conduct of Magisterial District Judges. The authors have also included chapters on recusal and ex parte communications, topics that have not seen significant recent attention in the context of judicial discipline.
Through his previous works, Dr. Fishman has shown a keen eye for addressing underdeveloped areas of the law and weaving them into a cohesive text. Here, too, the authors have thoughtfully assembled Pennsylvania's key legal provisions and case law on judicial discipline. For legal practitioners, judges, counsel for our Judicial Conduct Board, the appointed judges who serve terms on our Court of Judicial Discipline, and others, this volume will serve as a vital reference. I suspect it will become a mandatory compendium for those in the field.
Table of Contents
Chapter 1: Historical Introduction and Sources
1.1. Courts and Judges Pre-1968 Constitution
1.2. Constitutional Change 1963-1968
1.3. Court System Under the Constitution of 1968
1.4. Article V, � 18 Under the Constitution of 1968
1.5. Article V, � 18 Under the 1993 Amendment to the Constitution of 1968
1.6. Relationship Between the Supreme Court and the Court of JudicialDiscipline
1.7. The Code of Judicial Conduct�1990 Edition
1.8. The Code of Judicial Conduct�2014 Edition
1.9. Pennsylvania State Trial Court Conference Judicial Ethics Opinions
1.10. Pennsylvania Rules of Standards Governing Magisterial District Judges
1.11. Note on Sources
Chapter 2: The Judicial Conduct Board
2.1. Constitutional Amendment of 1993
2.2. The Board of Judicial Conduct
2.3. Code of Conduct for Members of the Judicial Conduct Board
2.4. Judicial Conduct Board Rules of Procedure
Chapter 3: The Court of Judicial Discipline
3.1. Members of the Court
3.2. Rules Governing the Judges� Conduct
3.3. Court Internal Operating Procedures
3.4. Trial Procedures
3.5. Mental or Physical Disability
3.6. Other Relief
Chapter 4: Abuse of Judicial Authority
4.1. Chapter Overview
4.2. Influencing Criminal Charges
4.3. Interference with the Rights of Parties
4.4. Inappropriate Sentences and Settlements
4.5. Abuse of Judicial Office for Gain
Chapter 5: Offensive or Biased Judicial Conduct
5.1. Chapter Overview
5.2. Rude and Inappropriate Behavior
5.3. Racist Conduct
5.4. Sexist Conduct
5.5. Substance Abuse-Related Conduct
Chapter 6: Recusal
6.1. Chapter Overview
6.2. Pennsylvania Requirements for Recusal
6.3. Actual or Perceived Impartiality
6.4. Adjudicating Family Members
Chapter 7: Ex Parte Communications
7.1. Chapter Overview
7.2. Pennsylvania Rules
7.3. Prohibited Interactions
Chapter 8: Administrative Management
8.1. Chapter Overview
8.2. Prompt Case Disposition
8.3. Staff Management
8.4. Fee Collection and Court Funds
8.5. Abuse of Public Resources
8.6. Engaging in Activity Prohibited by Law
Chapter 9: Financial and Business Dealings
9.1. Chapter Overview
9.2. Model and Pennsylvania Codes
9.3. Perception of Quid Pro Quo
Chapter 10: Public Service and Volunteer Work
10.1. Chapter Overview
10.2. Civic Activities
10.3. Charity and Community Involvement
Chapter 11: Limits to Judicial Conduct and Speech
11.1. Chapter Overview
11.2. Model and Pennsylvania Codes
11.3. Prohibited Behavior and Conduct
11.4. Disreputable or Objectionable Speech
Chapter 12: Candidate and Campaign Activities
12.1. Chapter Overview
12.2. Judicial Ethics Opinions
12.3. Political Activity for Another
12.4. Administrative Compliance
12.5. Campaign Finance
Chapter 13: Criminal Activities
13.1. Chapter Overview
13.2. Constitutional Provisions
13.3. Code of Judicial Conduct and Rules Governing Standards of Magisterial District Judges
13.4. Justices of the Supreme Court
13.5. Kids-for-Cash Scandal
13.6. Philadelphia Traffic Court Ticket-fixing Cases
13.7. Federal Convictions
13.8. State Convictions
Chapter 14: Mental or Physical Impairment
14.1. Chapter Overview
14.2. Generally
14.3. Stress