Bill Text: PA SB1274 | 2009-2010 | Regular Session | Introduced

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Bill Title: In Judicial Conduct Board, providing for review of complaints, for criminal investigations and for target letters.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-03-15 - Referred to JUDICIARY [SB1274 Detail]

Download: Pennsylvania-2009-SB1274-Introduced.html

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PRINTER'S NO. 1763
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1274 Session of2010
INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, ARGALL, WAUGH, ORIE, TARTAGLIONE, ERICKSON, BOSCOLA, BAKER, O'PAKE, MUSTO, FARNESE, STACK, EARLL, DINNIMAN AND WASHINGTON, MARCH 15, 2010
REFERRED TO JUDICIARY, MARCH 15, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in Judicial Conduct
Board, providing for review of complaints, for criminal
investigations and for target letters.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 2107. Review of complaints.
(a) Review and determination.--The Judicial Conduct Board
shall review every complaint filed against a judicial officer
that addresses potential ethical violations and shall make a
determination whether further action should be taken on the
complaint.
(b) Chief counsel.--A complaint shall not be dismissed
solely upon the review of and a decision by the chief counsel of
the board.
§ 2108. Criminal investigations.
(a) Deferral prohibited.--The Judicial Conduct Board shall
not defer the active investigation of a complaint against a
judicial officer that addresses potential ethical violations
because of a pending grand jury investigation or other law
enforcement investigation arising from the same conduct.
(b) Notification of prosecutor.--If the board is aware that
there is a pending criminal investigation, the board shall
notify the appropriate prosecuting attorney that the board is
investigating the conduct as well.
§ 2109. Target letters.
(a) Duty of judicial officer.--A judicial officer who
receives a letter from a prosecuting attorney indicating that
the judicial officer is the subject of a grand jury
investigation or other law enforcement investigation shall
within ten days notify the Judicial Conduct Board in writing
that the letter was received and shall attach a copy of the
letter to the notification.
(b) Duty of board.--Upon receipt of notification under
subsection (a), the board shall initiate an investigation of
potential ethical violations arising from the same conduct as
the criminal investigation.
Section 2. This act shall take effect in 60 days.
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