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. . Digest of Decisions of the Court of Judicial Discipline ---
In re: Judge James M. DeLeon – No. 2 JD 08
967 A.2d 460 (Pa.Ct.Jud.Disc. 2008)
Filed December 10, 2008
Order and Opinion, Musmanno, J.
Sanction Order filed January 6, 2009

The Judicial Conduct Board filed a Complaint against Judge James M. DeLeon charging that he was subject to discipline under Article V, §18(d)(1) of the Pennsylvania Constitution because he issued an ex parte “Stay Away Order” without holding a hearing, without providing any notice to the named defendant (Lee Corley), thus depriving him of his right to be heard and making the Order appear to be part of an official proceeding. 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 was a violation of Canon 2A., Canon 2B. and Canon 3A.(4) of the Code of Judicial Conduct.

Following oral argument, the Court dismissed Count 1 of the Board Complaint which charged that Respondent’s conduct was such that brought the judicial office into disrepute.

Following the sanction hearing, the Respondent was suspended without pay for a period of three (3) months effective February 1, 2009; placed on probation until January 2, 2012; and said probation was conditional upon Respondent providing restitution to Mr. Lee Corley for the legal expenses he incurred in his efforts to have the “Stay Away Order” dismissed.

Full details of decision:
Order (Per Curiam - December 10, 2008) - pdf
Opinion (Musmanno, J. - December 10, 2008) - pdf
Sanction Order (Per Curiam - January 5, 2009) - pdf

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