magisterial district judge who became intoxicated and assaulted off-duty police officer found to have brought office into disrepute and suspended for nine months
How later courts described this case
- magisterial district judge who became intoxicated and assaulted off-duty police officer found to have brought office into disrepute and suspended for nine months
- Magisterial District Judge suspended for nine months
Written by the judges who cited it.
The opinion
DISSENTING STATEMENT OF
Judge MUSMANNO.
I respectfully dissent from the sanction order imposed by the Court in the above-captioned matter.
While I certainly do not countenance the conduct of Respondent in this case and joined in the Court’s opinion which expressed strong disapproval of the conduct, I believe the Court, in imposing the sanction of nine months suspension without pay was unduly harsh and did not give sufficient weight to the testimony at the sanction hearing which established the following.
1. Respondent has served as a judge since 1988 — almost 20 years — and this is the sole episode of non-judicial conduct during those years.
2. There is no pattern of violent conduct or of Respondent losing his temper.
3. Respondent has always conducted his courtroom with decorum, and with respect for litigants, witnesses, lawyers and all who come before him.
4. Respondent has apologized to Sergeant Buser, the victim of his assault, as well as to his wife.
5. Sergeant Buser and Respondent have a friendly relationship, more so now *1038 than before this incident. Further, Sergeant Buser testified on Respondent’s behalf at the sanction hearing.
6. Respondent cooperated with the Board by stipulating to the essential facts here at issue.
7. Respondent has expressed remorse for his conduct which gave rise to the Board’s charges.
Accordingly, I believe the sanction of nine months suspension without pay followed by probation for one year is too severe.
STREIB, J., joins in this dissenting statement.