Judicial Ethics and Judicial Discipline

By Jack A. Panella

I have extensive experience in Judicial Ethics and Discipline

Pennsylvania Court of Judicial Discipline

In 1997, I was appointed by the Supreme Court of Pennsylvania to be a judge of the Pennsylvania Court of Judicial Discipline (CJD). In June 2000, I was elected President Judge by my fellow judges. The Court of Judicial Discipline is a constitutional court, which hears charges filed by the Judicial Conduct Board against judicial officers.

The website of the Pennsylvania Court of Judicial Discipline describes the CJD as follows:

The Court of Judicial Discipline of the Commonwealth of Pennsylvania was established by Constitutional Amendment adopted on May 18, 1993 and declared in effect by the Governor's Office on August 11, 1993. The Court of Judicial Discipline has jurisdiction over all judicial officers in Pennsylvania, and must hear and decide formal charges which are filed against a judicial officer. Judicial officers include all Magisterial District Judges; Judges of the Courts of Common Pleas, the Commonwealth Court and the Superior Court; and Justices of the Supreme Court. The Court of Judicial Discipline has the authority to impose sanctions, ranging from a reprimand to removal from office, if the formal charges are sustained.

The Court's permanent offices are located at The Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 5500, Harrisburg, Pennsylvania.

The Court of Judicial Discipline is composed of eight members, four of whom are appointed by the Supreme Court and four of whom are appointed by the Governor. No more than two of the members appointed by each appointing authority may be of the same political party. Membership is further broken down as follows:

Supreme Court appointees:

• 2 judges of the common pleas, Superior or Commonwealth Courts
• 1 magisterial district judge
• 1 non-lawyer elector

• 1 judge of the common pleas, Superior or Commonwealth Courts
• 1 non-lawyer elector
• 2 non-judge members of the bar Powers and Duties My term on the CJD expired in August 2001.

Following my service on the CJD, in my capacity as a trial judge, I was appointed to the Judicial Ethics Committee of the Pennsylvania Conference of State Trial Judges. Pursuant to the Code of Judicial Conduct, which is adopted by the Pennsylvania Supreme Court, the Ethics Committee "is designated as the approved body to render advisory opinions regarding ethical concerns involving judges, justices and other judicial officers subject to the Code of Judicial conduct . . . ."

Judicial Conduct Board of Pennsylvania

After I had been elected to the Superior Court of Pennsylvania, I was appointed by the Supreme Court to the Judicial Conduct Board, and was eventually elected Chair of the Board. My term on the Judicial Conduct Board was from 2005 to 2009. The Judicial Conduct Board is the investigatory and prosecutorial arm of judicial discipline in Pennsylvania.

The website of the Judicial Conduct Board explains the function of the Board:

The Judicial Conduct Board of Pennsylvania investigates allegations of ethical misconduct against Pennsylvania judges. If necessary, the Board prepares and brings cases against judges who are accused of unethical actions.

The Board has 12 members, all of whom must be Pennsylvania citizens. Three are judges, three are lawyers and six are non-lawyers. Half of the Board members are chosen by the Governor, the other half by the Pennsylvania Supreme Court. Members serve 4-year terms, without pay. They meet regularly to review complaints.

I was the first judge in Pennsylvania to have been elected both the President Judge of the Court of Judicial Discipline and Chair of the Judicial Conduct Board.

Re-Appointment to the Pennsylvania Court of Judicial Discipline

In September 2013, I was reappointed by the Supreme Court to the Pennsylvania Court of Judicial Discipline, making me the only judge in the history of Pennsylvania to serve two terms on this important tribunal.