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.