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Digest of Decisions of the Court of Judicial Discipline
COURT OF JUDICIAL DISCIPLINE
View all decisions
1 We will here address the Board’s reference, in its Objections, to this Court’s remarks in In re Timbers, 674 A.2d 1217, 1219 (Pa.Ct.Jud.Disc. 1996) relating to the meaning of “pending” and “impending” as used in Rule 4(D) of the Rules Governing Standards of Conduct of District Justices. The Board complains that our “rulings” in the case sub judice are not in accord with our “prior ruling” in Timbers. The fact is that this Court made no “ruling” on the subject in Timbers.
In the Timbers case, the district justice had had a prior conversation about a case but he recused from the case so there was nothing before him; thus any reference in that case to the meaning of “pending” or “impending” as used in the Rule was totally unnecessary, gratuitous dictum. In contrast, in the case here before us, analysis of the meaning of these words was necessary to our holding that the Board did not establish by clear and convincing evidence that Respondent violated Rule 4(D).
So that it is clear, even though the remarks on the subject in Timbers are dictum, we, nevertheless, state that, insofar as those remarks in Timbers may be at variance with our holding in this case, they are disaffirmed.
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