121 A.3d 611
Ct. Jud. Disc. Pa2015Background
- Judge Ballentine, Lancaster County Magisterial District Judge, faced probation-violation and a new complaint for failing to file tax returns, failing to remit sales tax, and a sales-tax-license violation; admitted the factual basis for the misconduct.
- During probation, she presided over cases involving tax issues and a prior misconduct finding related to dismissing her own traffic citations.
- A combined hearing on February 5, 2015 addressed probation violations, the new complaint, and sanctions.
- She admitted to dismissing traffic citations in 2010–2011 and was previously suspended and placed on probation (2013–2014) following a Judicial Conduct Board proceeding.
- Walk-In-Style Fashion Footwear, owned and operated by Ballentine, had tax-license issues, with sales tax filings and licenses at issue between 2009 and 2012.
- She ultimately filed and paid some taxes late, and the Board questioned her about tax compliance during probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ballentine violated Rule 2A by tax failures | Board: violations of both federal and state tax laws show unlawful conduct | Ballentine: pre-Carney conduct cannot be used to conclude Rule 2A violation; some acts were remedied | Ballentine violated Rule 2A (clear and convincing) |
| Whether violations support a derivative violation of Article V, §17(b) | Board: Rule 2A violations entail constitutional canons for judges | Ballentine: derivative theory applies; but pre-Carney conduct should be considered carefully | Violation of Article V, §17(b) established |
| Whether the conduct constitutes disrepute under Article V, §18(d)(1) | Board: cumulative misconduct brings judiciary into disrepute | Ballentine: not egregious enough to bring disrepute; some acts were negligent, not intentional | Disrepute established by cumulative misconduct |
Key Cases Cited
- In re Carney, 79 A.3d 490 (Pa. 2013) (off-bench conduct can support Rule 2A violations, with Carney guiding due-process notice constraints)
- In re Cicchetti, 697 A.2d 297 (Pa.Ct.Jud.Disc.1997) (case-by-case determination of whether conduct brings disrepute)
- In re Smith, 687 A.2d 1229 (Pa.Ct.Jud.Disc.1996) (disrepute standard and public confidence considerations)
