In re Shaffer

885 A.2d 1153, 2005 WL 3111788
CourtCourt of Judicial Discipline of Pennsylvania
DecidedNovember 18, 2005
DocketNo. 3 JD 05
StatusPublished
Cited by3 cases

This text of 885 A.2d 1153 (In re Shaffer) is published on Counsel Stack Legal Research, covering Court of Judicial Discipline 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 Shaffer, 885 A.2d 1153, 2005 WL 3111788 (cjdpa 2005).

Opinion

OPINION BY

Judge CAPOFERRI.

I. INTRODUCTION

The Judicial Conduct Board (Board) filed a complaint with this Court on May 13, 2005 against Judge William R. Shaffer (Respondent) consisting of four counts which charge Respondent as follows:

1. Engaged in conduct which constitutes neglect or failure to perform the duties of office (Count 1).
2. Violated Canon 3A.(5) of the Code of Judicial Conduct (Count 2).
3. Violated Article V, § 17(b) of the Pennsylvania Constitution (Count 3).
4. Violated Canon 3B.(1) of the Code of Judicial Conduct (Count 4).

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. Pursuant to Article V, Section 18 of the Constitution of the Commonwealth of [1154]*1154Pennsylvania and Judicial Conduct Board Rule of Procedure 31(A)(3), promulgated by the Pennsylvania Supreme Court on March 20, 1995 (amended 1996), the Board is granted authority 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 justice, judge or, justice of the peace, 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 3, 2000, the Respondent has served continuously to the present as a duly-elected Judge of the Court of Common Pleas serving the Fiftieth Judicial District, Butler County, Pennsylvania.

3. The Court of the Fiftieth Judicial District of Pennsylvania (Butler County) was a non-division court with each member of the bench having full docket responsibilities.

4. At all times material to the claims set forth in this Board Complaint, case assignments in the Butler County Court of Common Pleas occurred through the Court Administrator or Prothonotary or Family Court independent of a judge’s knowledge.

5. When a case is scheduled before an assigned judge, that judge has adjudicative and administrative responsibilities, including managing the case(s) and rendering a timely decision(s).

6. At all times material to the claims set forth in the Board Complaint, the Respondent had primary adjudicative and administrative responsibility within the Court of Common Pleas for the Fiftieth Judicial District (Butler County) for all matters on his docket.

7. The decisional delay in each of the nine (9) matters set forth in the Board Complaint was not justified by either the factual or- legal complexity of the issues which were referred to be resolved prior to rendering a decision.

8. The policy of the Unified Judicial System of the Commonwealth of Pennsylvania is that any matter at any stage of a proceeding be brought to a fair conclusion as promptly as possible, consistent with the character of the matter and the resources of the system (see Pa. Rule of Judicial Administration Rule 703(A)).

9. Between July 20021 and March 2005, Respondent failed to render prompt decisions in the following nine cases, and also failed to comply with the substantive requirements of Pennsylvania Rule of Judicial Administration 703(B), Reports of Judges, by not listing the following cases as matters that had been submitted to him for decision and that remained undecided for ninety (90) days or more as of the last day of the reporting period. True and correct copies of all of Respondent’s 703 Reports (January 2002 to the present) were attached to the Board Complaint as Exhibit 1 and are made a part hereof by reference.

10. By failing to comply with Pa. R.J.A. No. 703(B)(1), et seq., the Respondent prevented the Administrative Office of the Pennsylvania Courts (AOPC), the President Judge of the Fiftieth Judicial District, and/or the Court Administrator from monitoring his dockets in order to address problem areas promptly; or to take such corrective action(s) which may have been deemed appropriate.

CASE NO. 1

Sherri S. Burr v. Allan W. Burr, DRS No. 23412

11. This case commenced with the filing of a Petition for Modification of Child [1155]*1155Support, on September 17, 2002. A true and correct copy of the docket entries are submitted under separate cover, made a part hereof by reference, and marked as “Board Exhibit 2”.

12. A support conference was held and an interim Order was entered on November 13, 2002, for child support. Allan W. Burr filed a timely demand for a de novo hearing on November 21, 2002.

13. A de novo hearing scheduled for January 21, 2003, which was continued pending a decision from the Social Security Administration on Allan W. Burr’s claim for disability benefits.

14. The de novo hearing was held on April 9, 2003, at which both parties testified.

15. The record was held open for forty-five (45) days for the receipt of the transcript of the deposition of Allan W. Burr’s doctor.

16. The doctor’s deposition was held on July 22, 2003.

17. A copy of the deposition transcript was hand-delivered to the Respondent’s chambers in August 2003, on which date the matter was ripe for disposition.

18. The Respondent entered an Order for child support on July 7, 2004.

19. The parties awaited a decision for approximately eleven (11) months.

20. Sherri S. Burr filed a timely request for reconsideration in July 2004. Argument on the motion for reconsideration was held on September 17, 2004.

21. The Respondent failed to enter any type of order within the 120 days of the granting of the Request for Reconsideration.

22. A timely appeal was then filed to Superior Court which remains pending.

23. The Superior Court on February 9, 2005, ordered the Respondent to complete his opinion and transmit the record by February 16, 2005.

24. The decisional delay in this case was unreasonable and unjustifiable under the circumstances.

CASE NO. 2

Barbara M. Snyder v. Craig L. Snyder, DRS No. 25521

25. This case commenced with the filing of a Petition for Support on December 17, 2001, following the parties’ separation. A true and correct copy of the docket entries are submitted under separate cover, made a part hereof by reference, and marked as “Board Exhibit 3”.

26. An original determination of the appropriate amount of support was made in January 2002. Subsequently, the defendant retained new counsel and attempted to revisit the existing Order of Support.

27. A modification conference was held on August 5, 2002, and a decision was rendered.

28. The defendant again requested modification of the existing support order in January 2003. The matter was again scheduled for hearing in the Domestic Relations office and a decision was rendered by the hearing officer in May 2003.

29.

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Bluebook (online)
885 A.2d 1153, 2005 WL 3111788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaffer-cjdpa-2005.