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Digest of Decisions of the Court of Judicial Discipline
In re: Magisterial District Judge Donald L. Whittaker – No. 1 JD 07
___ A.2d ___ (Pa.Ct.Jud.Disc. 2008)
Filed April 10, 2008
Order and Opinion, Bucci, J.
Order Dismissing Complaint filed April 22, 2008
The Judicial Conduct Board filed a Complaint against Magisterial District Judge Donald L. Whittaker charging that he was subject to the imposition of sanctions because (1) he used inappropriate and offensive language toward female employees who worked in the building where his office was located, asserting that such conduct was such that brings the judicial office into disrepute and was a violation of Rule 4C of the Rules Governing Standards of Conduct of Magisterial District Judges; and (2) he worked as a paid fire truck driver for the Township Fire Department asserting that this was a violation of Rule 15A of the Rules Governing Standards of Conduct of Magisterial District Judges. The Court concluded that the Board did not prove by clear and convincing evidence that the conduct averred in (1) above had taken place, and that the Board had failed to establish that the conduct averred in (2) above was a violation of Rule 15A. The Court also held that the conduct averred in (1) above, even if it had occurred, was not a violation of Rule 4C. Consequently, the Complaint was dismissed.
Full details of decision:
- Order (Per Curiam - April 10, 2008) - pdf
- Opinion (Bucci, J. - April 10, 2008) - pdf
- Dismissing Order (Per Curiam - April 22, 2008) - pdf
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