"BOARD MATTERS"

by Joseph A. Massa, Jr.

As part of our commitment to preserving the honor, dignity, independence, and integrity of Pennsylvania’s judiciary, we’re going to start publishing a regular column which will deal with judicial ethics.

Our goal in this column will be to give the concepts contained in the Code/Rules a practical context to help judges deal with ethical issues as they arise. It is quite a challenge; but we will share with you our insights gained from years of experience in handling such issues. We plan to provide:

• examples of dismissed complaints,
• examples of complaints resolved by confidential letters of caution or counsel, and
• examples of the rare instances where the Board concluded that serious misconduct occurred requiring the filing of formal charges with the Court of Judicial Discipline.

Background

Two documents, “The Code of Judicial Conduct” and the “Rules Governing the Standards of Conduct of Magisterial District Judges” embody those principles which our system of justice articulates as essential ingredients to preserve the rule of law. They define the core of what being a judge is about.

Intrinsic to all sections of the Code/Rules are the precepts that judges must:

• respect and honor the judicial office as a public trust and
• strive to establish and maintain high standards of judicial and personal conduct.

Ethical Judges – a Foundation for Democracy

Here’s a quotation from a Pennsylvania Supreme Court opinion that outlines the fundamental importance of judicial ethics:

“Judges are not autocrats; they are not police forces; they are not religious advisors; and they do not legislate their own rules and statutes. Rather, they are impartial arbiters under the precedents, rules of court and statutes of this Commonwealth to insure that those who appear before them receive justice. The power of a judge is enormous, and concomitantly, no position in our society demands higher standards.” Judicial Inquiry and Review Board v. Fink, 516 Pa. 208, 238-239, 532 A.2d 358, 373 (1987).

A Very Old Concern

The need for ethical judges is not new. In Ancient Greece, Socrates said:

• To hear courteously,
• to answer wisely,
• to consider soberly,
• and to decide impartially.”

DISCLAIMER: The Judicial Conduct Board does not provide legal research or legal advice to the judiciary or the public. Information is this column should not be construed or interpreted as such.