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Digest of Decisions of the Court of Judicial Discipline
In re: Judge William R. Shaffer – No. 3 JD 05
885 A.2d 1153 (Pa.Ct.Jud.Disc. 2005)
Filed September 15, 2005
Order and Opinion, Capoferri, J.
Order of Sanctions filed November 18, 2005
The Judicial Conduct Board filed a formal complaint against Judge William R. Shaffer (1) alleging that he failed to dispose of matters which were ripe for disposition for periods ranging from six months to thirty-four months in nine cases, charging Respondent with neglect or failure to perform the duties of office, violations of Canon 3A.(5) of the Code of Judicial Conduct, and Section 17(b) of the Pennsylvania Constitution; and (2) alleging that he filed 703 Reports in which Respondent represented that he had no matters awaiting decision ninety days or more, when, in fact, he did, charging Respondent with a violation of Canon 3B.(1) of the Code of Judicial Conduct. The judicial officer and the Judicial Conduct Board submitted stipulated facts in lieu of trial. Based upon those facts, the Court concluded that Respondent’s conduct (1) constituted neglect or failure to perform the duties of office, and (2) violated Canon 3A.(5), thus a violation of Section 17(b) of the Pennsylvania Constitution. The Court also held that Respondent’s filing of four inaccurate semi-annual 703 Reports on which he failed to list cases which were more than 90 days overdue for decision was a violation of Canon 3B.(1) of the Code of Judicial Conduct. The Court held that Respondent was subject to discipline under Article V, Section 18(d)(1) of the Pennsylvania.
Following a sanction hearing, the Court (1) imposed a sanction of reprimand and (2) placed Respondent upon probation until July 31, 2007. The conditions of probation are: (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; and (3) Respondent shall file a copy of his 703 Reports with the Judicial Conduct Board.
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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