Opinion
6 JD 2016
02-01-2019
RICHARD W. LONG Chief Counsel ELIZABETH A. FLAHERTY Deputy Counsel PA Supreme Court ID No. 205575 Judicial Conduct Board Pennsylvania Judicial Center 601 Commonwealth Avenue P.O. Box 62525 Harrisburg, PA 17106 (717) 234-7911
JUDICIAL CONDUCT BOARD MOTION TO WITHDRAW COUNTS FROM FIRST BOARD COMPLAINT
AND NOW comes the Judicial Conduct Board of the Commonwealth of Pennsylvania, by and through Deputy Counsel Elizabeth A. Flaherty, and files this Motion to Withdraw Counts from First Board Complaint against Magisterial District Judge Andrew M. Hladio at 6 JD 2016. The Board moves to withdraw Count Three, Parts A and C from the First Board Complaint filed on December 7, 2016 and all paragraphs within the charged conduct that pertain to trucking violations as follows:
1. On October 25, 2018, the Board and Judge Hladio, through his counsel, Heidi F. Eakin, filed Joint Stipulations of Fact in Lieu of Trial and Waiver of Trial, Pursuant to C.J.D.R.P. No. 502(D)(1).
2. The Joint Stipulations of Fact differ from the First Board Complaint at 6 JD 2016, in that there are no stipulated facts pertaining to "Trucking Violation Cases, which were set forth in the First Board Complaint at Paragraph Nos. 184-208.
3. Because the "Trucking Violation Cases" are no longer at issue, the corresponding charges at Count Three, Parts A and C, as well as all references to trucking cases within the other counts, should be withdrawn.
4. Opposing counsel has no objection to the Board's Motion.
Respectfully submitted Date: February 1, 2019
RICHARD W. LONG
Chief Counsel
By: /s/_________
ELIZABETH A. FLAHERTY
Deputy Counsel
PA Supreme Court ID No. 205575
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911 PROOF OF SERVICE
In compliance with Rule 122(D) of the Court of Judicial Discipline Rules of Procedure, on February 1, 2019, a copy of this Judicial Conduct Board Motion to Withdraw Counts From First Board Complaint was sent by email and First Class Mail to Heidi F. Eakin, Esquire, counsel for Magisterial District Judge Hladio at the following address:
Heidi F. Eakin
Attorney for Respondent
Costopoulos, Foster, and Fields
831 Market Street
Lemoyne, PA 17043
Respectfully submitted, February 1, 2019
BY: /s/_________
Elizabeth A. Flaherty
Deputy Counsel
Pa. Supreme Court ID No. 205575
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911