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. . Digest of Decisions of the Court of Judicial Discipline ---
COMMONWEALTH OF PENNSYLVANIA
COURT OF JUDICIAL DISCIPLINE

. . . .
IN RE:
.   :  
. William R. Shaffer : No. 3 JD 05
. Judge of the Court of Common Pleas :  
. Fiftieth Judicial District of Pennsylvania :  
. Butler County :  

ORDER

AND NOW, this 18th day of November, 2005, after hearing on the question of sanctions held on November 1, 2005, before the full Court, the Court enters the following ORDER:

The Court recognizes that, since January 2000, when he took office as a Judge of the Court of Common Pleas of the Fiftieth Judicial District of Pennsylvania, Butler County, Respondent, save for the nine cases at issue here, has performed his judicial duties in a conscientious and industrious fashion, with dignity, and with courtesy toward those who appear before him.

The Respondent, however, failed to dispose of nine cases which provide the basis of the charges filed by the Judicial Conduct Board in this case, for periods of up to almost three years. Such delay in the disposition of cases is antithetical to our system of justice. To his credit, Respondent admitted as much and did not attempt to excuse his failure to act. We note, also, that Respondent has cooperated with the Judicial Conduct Board in its investigation of this case and has apologized for any difficulties he caused to the parties in the nine cases, as well as for any adverse reflection on the court system of the Commonwealth.

More troubling, however, is Respondent’s filing four inaccurate semi-annual reports [703 Reports] with the Administrative Office of Pennsylvania Courts on which he failed to list cases which were more than 90 days overdue for decision. At the sanction hearing, Respondent testified that he hadn’t forgotten about the cases – on the contrary they were very much on his mind; he knowingly omitted them from the 703 Reports because he couldn’t face up to the fact that he was unable to decide them. We are satisfied that that is the truth of the matter; but it does not in any way serve to ameliorate the grievance to the Supreme Court, rather it serves to defeat that purpose of Rule 703 which would enable the Supreme Court, the Administrative Office of Pennsylvania Courts and Respondent’s President Judge to seek and to provide a remedy for the problem; but the Supreme Court nor the Administrative Office of Pennsylvania Courts nor the President Judge cannot even address the problem if they don’t know about it. As a consequence, the litigants and, as well, the judicial system have suffered.

For these reasons the Court imposes the sanction of reprimand and, in addition, ORDERS that Respondent serve a period of probation until July 31, 2007.

The conditions of probation shall be:

1.Respondent shall dispose of all matters pending before him within 90 days of the date they become ripe for decision unless there is a legitimate reason not to do so.
2.Respondent shall file 703 Reports with the Administrative Office of Pennsylvania Courts in accordance with the directives of Rule 703.
3.Respondent shall file a copy of his 703 Reports with the Judicial Conduct Board.

The Judicial Conduct Board shall file a copy of Respondent’s 703 Reports with this Court and shall take appropriate measures to monitor Respondent’s compliance with the conditions of his probation set out in this Order.

Nothing in this Order shall affect the President Judge of Butler County in the performance of his duties as President Judge under the supervision of the Supreme Court of Pennsylvania.

In the event Respondent fails to comply with the conditions of his probation, the Court may proceed forthwith to consider the imposition of other sanctions.

PER CURIAM

Musmanno, J., did not participate in the consideration or disposition of this Order.

View summary of this case

Full details of decision:
Per Curiam Opinion Order (September 15, 2005)
Opinion (Capoferri, J. - September 15, 2005)
Per Curiam Order (November 18, 2005)

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