Pa. Justices Win Turf Battle With CJD

October 7, 2014 – In The News
The Legal Intelligencer

Abraham Reich was quoted in the The Legal Intelligencer article, “Pa. Justices Win Turf Battle With CJD.” Full text can be found in the October 7, 2014, issue, but a synopsis is below.

The dispute between the Court of Judicial Discipline and the state Supreme Court over which body has the power to suspend judges has been going on for more than 20 years since the CJD was created.

A ruling for In re Magisterial District Judge Bruno stated that while the CJD is responsible for carrying out much of the judicial discipline in the state the high court has the power to intervene in any case through its King's Bench authority.

The court's majority opinion cautioned that it will refrain from using its power to intervene in disciplinary issues unless they involve extraordinary circumstances.

Abraham Reich of Fox Rothschild said there was little question that disciplinary powers were not stripped from the high court when the CJD was created, but there may be some ambiguity that remains as to what constitutes extraordinary circumstances.

“The notion that the CJD has exclusive jurisdiction doesn’t seem right,” Reich noted.