In Re Berry

DISSENTING OPINION BY

Judge MORRIS.

The stipulated facts make out violations of two canons of the Code of Judicial Conduct. However, instead of finding violations of those specific rules, the majority focuses on the generic and vague offense of “bringing the judicial office into disrepute.”

Under either approach, the Court could impose sanctions of suspension or removal from office. There is, however, one major difference. Under Article V, § 16(b) of the Pennsylvania Constitution, no retirement benefits shall be paid to any judge who is suspended or removed for conduct which “brings the judicial…