Opinion
7 JD 2016
12-16-2016
IN RE: John I. Waltman Magisterial District Judge Magisterial District Court 07-1-06 Bucks County
PETITION FOR RELIEF FOR INTERIM SUSPENSION WITH OR WITHOUT PAY
AND NOW, this 16th day of December, 2016, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board), by and through undersigned counsel, and files this Petition Relief for Interim Suspension With or Without Pay pursuant to Article V, § 18(d)(2) of the Pennsylvania Constitution, Rule 701 of the Court of Judicial Discipline Rules of Procedure, and Rule 13(A) of the Board Rules of Procedure and in support thereof, avers the following: 1. The Pennsylvania Constitution provides this Court with the authority to impose interim suspension as follows:
Prior to a hearing, the court may issue an interim order directing suspension, with or without pay, of any justice, judge or justice of the peace against whom formal charges have been filed with the court by the board or against whom has been filed an indictment or information charging a felony. An interim order under this paragraph shall not be considered a final order from which an appeal may be taken.
Pa. Const, Art. V, § 18(d)(2). 2. From approximately October 26, 2010, until the present, Magisterial District Judge Waltman served continuously as the duly elected Magisterial District Judge of Magisterial District Court 07-1-06, Bucks County, located at 1500 Desire Avenue, Feasterville, PA 19053. 3. On or about December 13, 2016, MDJ Waltman was indicted by a federal grand jury of committing the following felonies: (1) conspiracy to commit money laundering, 18 U.S.C. §1956(h); and (2) money laundering (3 counts), 18 U.S.C. § 1956(a)(3). A copy of the indictment is attached hereto as "Exhibit A," made a part hereof, and incorporated herein by reference as though set forth in full. 4. The allegations contained within the felony criminal charges against MDJ Waltman undermine both public confidence in the judiciary and its reputation. If MDJ Waltman is permitted to continue participating in cases before Magisterial District Court 07-1-06 during the pendency of these felony charges, the public's confidence in the judiciary will continue to erode.
WHEREFORE, it is respectfully requested that this Honorable Court enter an interim order suspending MDJ Waltman, either with or without pay, pending disposition of the federal criminal charges filed against him and to grant such other relief as may be deemed appropriate.
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel DATE: December 16, 2016
BY: /s/_________
James P. Kleman, Jr.
Deputy Counsel
Pa. Supreme Court ID No. 87637
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911
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