Section 2.15. Responding to Judicial and Lawyer Misconduct

(A) A magisterial district judge having knowledge that another magisterial district judge has committed a violation of these Conduct Rules that raises a substantial question regarding the magisterial district judge’s honesty, trustworthiness, or fitness as a magisterial district judge shall inform the appropriate authority.

(B) A magisterial district judge having knowledge that a lawyer has committed a violation of the Pennsylvania Rules of Professional Conduct that raises a substantial question regarding the lawyer’s honesty, trustworthiness, or fitness as a lawyer shall inform the appropriate authority.

(C) A magisterial district judge who receives information indicating a substantial likelihood that another magisterial district judge has committed a violation of these Conduct Rules shall take appropriate action.

(D) A magisterial district judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Pennsylvania Rules of Professional Conduct shall take appropriate action.

Comment:

(1) Taking action to address known misconduct is a magisterial district judge’s obligation. Paragraphs (A) and (B) impose an obligation on the magisterial district judge to report to the appropriate authority or other agency or body the known misconduct of another magisterial district judge or a lawyer that raises a substantial question regarding the honesty, trustworthiness, or fitness of that magisterial district judge or lawyer. Ignoring or denying known misconduct among one’s judicial colleagues or members of the legal profession undermines a magisterial district judge’s responsibility to participate in efforts to ensure public respect for the justice system. This Rule limits the reporting obligation to those offenses that an independent judiciary must vigorously endeavor to prevent.

(2) A magisterial district judge who does not have actual knowledge that another magisterial district judge or a lawyer may have committed misconduct, but receives information indicating a substantial likelihood of such misconduct, is required to take appropriate action under paragraphs (C) and (D). Appropriate action may include, but is not limited to, communicating directly with the magisterial district judge who may have violated these Conduct Rules, communicating with a supervising judge, or reporting the suspected violation to the appropriate authority or other agency or body. Similarly, actions to be taken in response to information indicating that a lawyer has committed a violation of the Rules of Professional Conduct may include but are not limited to communicating directly with the lawyer who may have committed the violation, or reporting the suspected violation to the appropriate authority or other agency or body.