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. . Digest of Decisions of the Court of Judicial Discipline ---
In re: District Justice Benjamin Ronald Crahalla --- No. 2 JD 99
747 A.2d 980 (Pa.Ct.Jud.Disc. 2000 ), 46 D.&.C. 4th 38
Filed March 6, 2000
Order to Dismiss Complaint, Sylvester, P.J.;
Opinion in Support of the Order of Dismissal, Russo, J.;
Opinion Contra Dismissal, Byer, J.
Affirmed, 568 Pa. 93, 792 A.2d 1244 (2000)

.The Judicial Conduct Board charged District Justice Crahalla with disciplinary offenses arising out of his service as chairperson of a fundraising committee for the local Boy Scouts Council's "1999 Good Scout Award Dinner." Crahalla permitted the Council to send form letters and an invitation which contained Crahalla's photograph and signature, as well as a photograph of himself which identified him as a District Justice. Crahalla immediately resigned as Chairperson upon being advised that serving in that capacity was a possible violation of Rule 11 of the Rules Governing the Standards of Conduct of District Justices. The Court of Judicial Discipline was evenly divided as to whether this constituted a violation of Rule 11, and therefore the Complaint was dismissed. That Rule provides: "A district justice shall not solicit funds for any educational, religious, charitable, fraternal or civic organization...." The Opinion in Support of the Order of Dismissal found that the restricted conduct was malum prohibitum as distinguished from malum in se, and consequently proof of mens rea was required before a violation of this Rule could be found. There being no evidence that Crahalla intended to violate Rule 11 in particular or the Rules in general, this half of the Court found that the Complaint should be dismissed. The Opinion Contra Dismissal concluded that Crahalla was subject to discipline under Article V, Section 18(d) of the Pennsylvania Constitution. Rather than require specific proof of a knowing intent to violate the Rules, the Board need only show that the offending judicial officer had the intent to commit the act in question. Because Crahalla conceded that he committed the act which Rule 11 proscribes, this half of the Court found that a sanction hearing was necessary.

Full details of decision:
Order to Dismiss Complaint (Sylvester, P.J. - March 6, 2000)
Opinion in Support of the Order of Dismissal (Russo, J - March 6, 2000)
Opinion Contra Dismissal (Byer, J. - March 6, 2000)

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