What's the Rush?
The Pennsylvania Bulletin reveals that Pennsylvania's Judicial Conduct Board has proposed the abolition of Rule 31 of its Rules of Procedure. Rule 31 pertains to disposition of judicial misconduct complaints. Under existing Rule 31, following receipt of a judge's written response, the Board has 180 days to dispose of a judicial misconduct complaint. Under the rule, the Board can dispose of a complaint by (1) dismissing for want of probable cause that the alleged misconduct occurred; (2) dismissing based on a finding that, even if it did occur, the alleged conduct does not require filing of formal charges; or (3) authorizing the filing of formal charges with the Court of Judicial Discipline.
The Rule provides two fairly broad exceptions to the 180-day disposition rule. First, the board may continue a full investigation beyond the 180-day period based on a "good faith belief that further investigation is necessary." Second, the Board may defer disposition past the 180-day mark "upon discovery or receipt of additional, corrollary, or cognate allegations which may necessitate investigation."
By all appearances, the proposed change would enable the Board to delay or defer disposition of a complaint for any period of time it chooses. Call me silly but it seems to me that, in all but the most extraordinary cases, 180 days -- six months -- should be ample time for the Board to decide whether a complaint warrants reference for filing of formal charges. Perhaps I'm wrong. In any event, it would have been thoughtful of the Board to have supplied a statement of its reasons for proposing the elimination of Rule 31.
