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Digest of Decisions of the Court of Judicial Discipline
In re: Former Magisterial District Judge Daniel S. Davis – No. 2 JD 07
954 A.2d 118 (Pa.Ct.Jud.Disc. 2008)
Filed December 19, 2007
Order and Opinion, Musmanno, J.
Sanction Order filed May 14, 2008
The Judicial Conduct Board filed a Complaint against Former Magisterial District Judge Daniel S. Davis charging that he was subject to the imposition of sanctions because (1) he failed to hold hearings as required by law in order to determine defendants’ financial ability to pay fines and costs (relying, instead, on his personal knowledge of their finances); (2) he imposed illegal sentences; and (3) he failed to properly supervise his constable so as to assure that he conduct the business of the court in compliance with the law. The Court concluded that (1) and (2) above were violations of Rule 4A of the Rules Governing Standards of Conduct of Magisterial District Judges (relating to his adjudicative responsibilities), and (3) above was a violation of Rule 5A of the Rules Governing Standards of Conduct of Magisterial District Judges (relating to his administrative responsibilities); both of which subject him to discipline under Article V, §18(d)(1) of the Pennsylvania Constitution.
Following the sanction hearing, the Respondent was publicly reprimanded; and the Court accepted the Respondent’s representations at the hearing that he will never seek judicial office in this Commonwealth, either by election or appointment, and, as a consequence, the Court did not enter an order forever barring Respondent from holding judicial office in the Commonwealth.
Full details of decision:
- Order (Per Curiam - December 19, 2007) - pdf
- Opinion (Musmanno, J. - December 19, 2007) - pdf
- Sanction Order (Per Curiam - May 14, 2008) - pdf
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