Opinion

In Re Braig

  • 527 Pa. 248
  • 590 A.2d 284
  • 1991 Pa. LEXIS 99
Court
Supreme Court of Pennsylvania
Filed
Apr 29, 1991
Status
Published
Author
Nix
On the bench
Nix, Flaherty, Zappala, Papadakos, Cappy, McDermott
Cited by
14 cases

observing that, under the Shaver rule, bribery is only infamous if its purpose is to obstruct justice

How later courts described this case

  • observing that, under the Shaver rule, bribery is only infamous if its purpose is to obstruct justice

Written by the judges who cited it.

The opinion

NIX, Chief Justice,

concurring.

I agree that Judge Braig’s plea of guilty to mail fraud does not constitute a conviction of misbehavior in office to trigger automatic forfeiture of office under Article V, § 18(Z) of the Pennsylvania Constitution. I therefore join the majority opinion and write separately only to emphasize that, as the majority notes, Judge Braig’s conduct would justify discipline under section 17. That section explicitly prohibits a judge from “engaging] in any activity prohibited by law,” § 17(b), and is a basis for the recommendation of discipline under § 18(d). Accordingly, it would seem that the Board is duty-bound to proceed further in this matter under that section.

CAPPY, J., joins in this concurring opinion.

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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