The Judicial Conduct Board filed a formal complaint against District Justice Toczydlowski alleging he used marijuana and cocaine. District Justice Toczydlowski and the Judicial Conduct Board submitted stipulations of fact as to the respondent’s use of marijuana pursuant to C.J.D.R.P. No. 502(D)(2). The Court accepted those stipulations and proceeded to trial on the alleged use of cocaine.

Following trial, the Court concluded that the Board did not prove by clear and convincing evidence that District Justice Toczydlowski ever used cocaine. The Court did conclude, however, that the respondent’s possession of small amounts of marijuana on two occasions, a misdemeanor, was a violation of §17(b) of Article V of the Pennsylvania Constitution, and the respondent was subject to discipline under Article V, §18(d)(1) of the Pennsylvania Constitution.

Following a hearing on the issue of sanctions, the Court imposed a sanction of public reprimand.

Full details of decision:

Per Curiam Order (May 13, 2004)

Opinion (Halesey, J. - May 13, 2004)

Per Curiam Sanction Order (June 25, 2004)

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