In re Shaner

142 A.3d 1051, 2016 Pa. Jud. Disc. LEXIS 32, 2016 WL 4394588
CourtCourt of Judicial Discipline of Pennsylvania
DecidedJune 14, 2016
DocketNo. 10 JD 15
StatusPublished
Cited by2 cases

This text of 142 A.3d 1051 (In re Shaner) 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 Shaner, 142 A.3d 1051, 2016 Pa. Jud. Disc. LEXIS 32, 2016 WL 4394588 (cjdpa 2016).

Opinion

OPINION

OPINION BY

PRESIDENT JUDGE COLVILLE

FACTUAL BACKGROUND

Facing four counts of allegations concerning his conduct, Respondent Dwight [1052]*1052Shaner, a retired senior magisterial district judge (Former Judge Shaner) has entered factual stipulations (See C.J.D.R.P. No. 502(d)) with the Judicial Conduct Board (Board) as follows:

1. The parties stipulate to the authenticity and admissibility of all exhibits set forth at Paragraphs B (l)-(7).1

2. This action Is taken by the Board pursuant to the authority granted to it under Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania to file formal charges alleging violations of the Rules Governing Standards of Conduct of Magisterial District Judges and the Constitution of the Commonwealth of Pennsylvania on the part of judges, justices, or justices of the peace, and to present the case in support of such charges before this Court.

3. From January 6,-1986, until December 31, 2013, Former Judge Shaner served as Magisterial District Judge for Magisterial District Court 14-3-06, Fayette County,' Pennsylvania,

4. Former Judge Shaner retired from commissioned judicial service on December 31,2013.'

5. As a magisterial district judge, Former Judge Shaner was at all times relevant hereto subject to all the duties and responsibilities imposed on him by the Constitution of the Commonwealth of Pennsylvania and the Rules Governing Standards of Conduct of Magisterial District Judges.

6. Prior to his retirement from judicial service, Former Judge Shaner was the subject of a criminal investigation by the Office of Attorney General (OAG) of Pennsylvania regarding acts undertaken while Former Judge Shaner served as a commissioned magisterial district judge; specifically, Former Judge Shaner’s December 13, 2011, dismissal of a criminal complaint filed against Robert Lee Rudnick, the nephew of former Fayette County Assistant District Attorney Linda Cordaro. See Board’s Exhibit 1, Presentment No. 26, In re; 36th Statewide Investigating Grand Jury, 8 Misc.Dkt. 2013, 141 M.D. 2013.

7. Former Judge Sháner was deposed under oath by Board counsel on September 17, 2013, regarding his dismissal of the criminal complaint against Robert Lee Rudnick. See Board’s Exhibit 6, N.T., Dwight K. Shaner deposition, September 17,2013.

8. As a result of the OAG’s investigation into Former Judge Shaner’s activity, the 36th Statewide Investigating Grand Jury returned a Presentment recommending that he be charged with the following offenses: (1) perjury, a felony of the third degree, in violation of 18 Pa.C.S.A, § 4902; and (2) obstructing administration of law or other governmental function, a misdemeanor of -the second degree, in violation of 18 Pa.C.S.A. § 5101, See Board’s Exhibit 1, Presentment No. 26, In re; 36th Statewide Investigating Grand Jury, 8 Misc. Dkt. 2013, 141 M.D. 2013.

9. After his retirement from commissioned service but before criminal charges were filed against - him, Former Judge Shaner applied for senior magisterial district judge status.

10. Based upon the filing of the criminal charges against Former Judge Shaner, the Board sought' his suspension from accepting any assignment as a senior magisterial district judge at Docket No. 2 JD 2014.

[1053]*105311. This Court suspended Former Judge Shaner on October 14, 2014, from any and all duties that he may have then had as a senior magisterial district judge,and ordered him to be ineligible to accept any assignments as a senior magisterial district judge.

12. Based on the Presentment, Former Judge Shaner was charged by criminal complaint with the following offenses: (1) perjury, a felony of the third degree, in violation of 18 Pa.C,S.A. § 4902; and (2) obstructing administration of law or other governmental function, a misdemeanor of the second degree, in violation of 18 Pa. C.S.A. § 5101. See Board’s Exhibit 2, Commonwealth v. Dwight K. Shaner, MJ-12303-CR-315-2014 criminal complaint.

13. At Former Judge Shaner’s scheduled preliminary hearing, the parties agreed to amend the Criminal Complaint to charge him with one count of hindering apprehension or prosecution by providing false statements to law enforcement, 18 Pa. C.S.A. § 5105(A)(5), in addition to the charges of perjury and obstructing administration of law or other governmental function filed previously. •

14. Former Judge Shaner waived his preliminary hearing and the charges were bound over to the Court of Common Pleas of Dauphin County.

15. Thereafter, at Commonwealth v. Dwight K. Shaner, CP-22-CR-12-2015, the Commonwealth charged Former Judge Shaner by criminal information with the following offenses: (1) hindering apprehension or prosecution by providing false statements to law enforcement, 18 Pa. C.S.A. § 5105(A)(5), a misdemeanor of the second degree; (2) perjury, a felony of the third degree, in violation of 18 Pa.C.S.A. § 4902; and (3) obstructing administration of law or other governmental function, a misdemeanor of the second degree, in violation of 18 Pa.C.S.A. § 5101. See Board’s Exhibit 3, Commonwealth v. Dwight K. Shaner, CP-22-CR-12-2015 criminal information.

16. On April 6, 2015, Former Judge Shaner pleaded guilty to one count of hindering apprehension or prosecution by providing false statements to law enforcement, 18 Pa.C.S.A. § 5105(A)(5), and was sentenced to 18 months of probation, plus applicable fines and cqsts. See Board’s Exhibit 4, April 6J 2015; written guilty plea colloquy, and Board’s Exhibit 5, N.T., April 6, 2015, guilty plea and sentencing of Former Judge Shaner.

17. In the written guilty plea colloquy, Former Judge Shanei:

a. indicated that he understood that he gave up certain criminal procedural rights because he was admitting both the facts and his guilt by virtue of his guilty plea.
b. admitted the charges.
c. acknowledged that he wished to plead guilty.
See Board’s Exhibit 4, April 6, 2015 written guilty plea colloquy.

18. At the guilty plea hearing, the Commonwealth stated the following factual basis 'for Former Judge Shaner’s guilty plea:

[COMMONWEALTH:] Your Honor, had this case proceeded to trial, the evidence would have been as follows: the defendant was a magisterial district judge at District Court No. 14-3-06. Back on-December 13th 2011, there was a case scheduled for preliminary hearing in his court, Commonwealth versus Robert [RudnickJ. Mr. [Rudnick] was the nephew of an assistant district attorney who was assigned to the courtroom of Magistrate Shaner at the time.
The assistant district attorney immediately prior to the preliminary hearing recused herself. The arresting trooper [1054]*1054[Joseph Ross] was present in court. He asked for a continuance. That was denied. This was the first listing at the time of the preliminary hearing.
Afterwards, Magistrate Shaner asked the trooper to step into his chambers, wherein it would have been the trooper’s testimony that Magistrate Shaner said, hope you understand why I had to dismiss this case.

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Bluebook (online)
142 A.3d 1051, 2016 Pa. Jud. Disc. LEXIS 32, 2016 WL 4394588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaner-cjdpa-2016.