Opinion

In Re Berkhimer

  • 593 Pa. 366
  • 930 A.2d 1255
  • 2007 Pa. LEXIS 1677
Court
Supreme Court of Pennsylvania
Filed
Aug 20, 2007
Status
Published
Author
Cappy
On the bench
Eakin, Baldwin, Former, Newman, Saylor, Cappy, Castille, Baer
Cited by
21 cases

indicating that removal was a lawful sanction because the Constitution “sets forth removal as.an available sanction for bringing disrepute upon the judicial office”

How later courts described this case

  • indicating that removal was a lawful sanction because the Constitution “sets forth removal as.an available sanction for bringing disrepute upon the judicial office”
  • noting that this Court reviews sanctions for lawfulness and does not re-weigh the penalty against aggravating and mitigating circumstances
  • “the purpose of our review is not to re-weigh the sanction against aggravating or mitigating circumstances, but to determine whether the sanction is lawful”

Written by the judges who cited it.

The opinion

CONCURRING OPINION

Chief Justice CAPPY.

I join the majority opinion but specifically disassociate myself from the debate over note writing engaged in by the concurring opinions, which is obiter dicta.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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