In re Hamilton

2 Pa. D. & C.5th 129
CourtSupreme Court of Pennsylvania
DecidedJune 13, 2007
DocketJudicial Conduct Board, no. 2 JD 2006
StatusPublished

This text of 2 Pa. D. & C.5th 129 (In re Hamilton) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Hamilton, 2 Pa. D. & C.5th 129 (Pa. 2007).

Opinion

PANEPINTO, J.,

I. INTRODUCTION

The Judicial Conduct Board filed a complaint with this court on November 2, 2006 against Magisterial District Judge Maynard A. Hamilton (respondent) consisting of two counts which charge that the respondent:

(1) Violated Article V, Section 18(d)(1) of the Pennsylvania Constitution by engaging in conduct which brings the judicial office into disrepute (Count 1).

(2) Violated Rule 2(A) of the Rules Governing Standards of Conduct of Magisterial District Judges (Count 2).

By order dated January 26,2007, this court dismissed Count 2.

The board and the respondent have submitted stipulations of fact in lieu of trial under C.J.D.R.P. no. 502(D) (1) and a waiver of trial. The court hereby accepts those stipulations of fact in pertinent part, recited below, as the facts necessary for the disposition of this case.

II. FINDINGS OF FACT

(1) This action is taken pursuant to the authority of the board under Article V, Section 18 of the Constitution of the Commonwealth of Pennsylvania and Judicial Con[131]*131duct Board Rule of Procedure 31(A)(3), promulgated by the Pennsylvania Supreme Court on March 20,1995 (amended 1996) which granted authority to the board to determine whether there is probable cause to file formal charges, and when it concludes that probable cause exists, to file formal charges against a judicial officer for proscribed conduct and to present the case in support of such charges before the Court of Judicial Discipline.

(2) Since on or about January 4,1988, and at all times relevant hereto, the respondent has served as a district justice and, as renamed, a magisterial district judge of Magisterial District 02-3-03, Lancaster County, Pennsylvania, encompassing the Townships of Pequea, Strasburg, and West Lampeter; and the Borough of Strasburg, with an office located at 324 Beaver Valley Pike, Willow Street, Pennsylvania 17584. As a district justice and a magisterial district judge, he was subject to all the duties and responsibilities imposed on him by the Rules Governing Standards of Conduct of District Justices and the recently renamed Rules Governing Standards of Conduct of Magisterial District Judges. The respondent is charged with violating his judicial duties as set forth in the following paragraphs.

(3) On or about June 8, 2006, Sergeant Robert Buser of the Southern Regional Police Department came to respondent’s office to drop off citations and respondent asked Sergeant Buser for a year’s schedule of work rosters from the Southern Regional Police Department. Sergeant Buser informed respondent that he could provide three months but not a year’s worth of assignments. Respondent became angry and argued with Sergeant [132]*132Buser for several minutes. Sergeant Buser then left respondent’s office.

(4) On or about June 9, 2006, Sergeant Buser got another, fourth month’s roster prepared and brought the roster to respondent’s office. He also put a check for $ 15 0 in respondent’s office for a golf trip in July.

(5) On June 10,2006, Sergeant Buser went to the Cross Gates Golf Course, a public facility, to attend a birthday party that was being thrown for a friend, in one of the open, covered pavilions.

(6) At or about 5 p.m., respondent and his wife, Doris, were standing in the adjacent pavilion near the bar area.

(7) At approximately 6:30 p.m., Sergeant Buser observed respondent seated at a table, got his attention, and asked if respondent received his “golfing trip” check. Respondent nodded yes.

(8) With numerous people in the vicinity, several moments later, respondent walked toward Sergeant Buser, who extended his hand in greeting. Without legal provocation, respondent stated, “I have had enough of your shit. I am not going to take anymore.” Respondent then said, “Let’s go downstairs and take care of this man-to-man. I’m gonna kick your ass.”

(9) Sergeant Buser followed respondent. Respondent kept asking Sergeant Buser to take off his glasses. Sergeant Buser stated that he simply wanted to talk, had no intention of fighting with respondent, and that he was not going to take off his glasses.

(10) When respondent and Sergeant Buser got to the lower landing, respondent physically confronted Ser[133]*133geant Buser by moving toward him, butting his chest against Sergeant Buser. Respondent then punched Sergeant Buser on the left side of his face, knocking his glasses off which broke as they hit the steps.

(11) Sergeant Buser then picked up his glasses and told respondent that he would have to pay for the glasses and that he was going to call the cops. Respondent replied that this was a mutual fight and it would not do any good to call the cops. Respondent then punched Sergeant Buser again on the left temple, knocking him down onto the concrete floor, and walked away.

(11.1) At no time did Sergeant Buser punch respondent.

(12) Respondent then went upstairs and told Sergeant Buser’s wife that she could “Go pick your piece of shit husband up off the floor.”

(13) Respondent refused to speak to law enforcement officers about the incident.

(14) Respondent subsequently met with Sergeant Buser and his wife and apologized for his conduct. Respondent agreed to pay any costs incurred.

(15) During the week of June 12, 2006, respondent and his wife met with Sergeant Buser and his wife and apologized to them at that time.

(17) The Lancaster County District Attorney’s Office conducted an investigation of the incident and concluded: “there would be probable cause to charge Judge Hamilton with simple assault.”

(18) The Lancaster County District Attorney’s Office did not file criminal charges against respondent because [134]*134Sergeant Buser informed investigators that for personal reasons he did not wish to pursue a criminal investigation. Also, the Cross Gates Golf Club did not wish to see charges filed on behalf of the club for any disruption caused.

(19) This altercation, occurring in a public place, received media publicity in and around the area of Magisterial District 02-3-03, including articles and letters to the editor in the Sunday News, and/or the Lancaster Intelligencer. These newspapers alone, as media outlets, have tens of thousands of subscribers.

III. DISCUSSION

The board has charged that the conduct described in the findings of fact is conduct which brings the judicial office into disrepute. The Pennsylvania Constitution, at Article V, Section 18(d)(1), provides that a judicial officer whose conduct brings the judicial office into disrepute is subject to discipline imposed by this Court.1

On numerous occasions, this court has considered conduct which the board has charged as being such that brought the judicial office into disrepute.

In In re Smith, 687 A.2d 1229, 1239 (Pa.Ct.Jud.Disc. 1996), this court noted that the conduct of a judge which results in diminishment of the public esteem for that judge, may not support the conclusion that the conduct has brought the judiciaiy as a whole into disrepute, absent [135]

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Bluebook (online)
2 Pa. D. & C.5th 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hamilton-pa-2007.