Legal Ethics

Top state court rebuffs judge's constitutional challenge to moonlighting ban

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For years, a number of Pennsylvania judges have held paid side positions as bank directors.

But a revision last year of state judicial ethics rules banned the practice. As recommended by the ABA Model Code of Judicial Conduct, the state now says a judge “”shall not serve as an officer, director, manager, general partner, advisor or employee of any business,” with the exception of a family-owned company, reports the Allentown Morning Call.

Northampton County Judge Craig Dally, who is also a longtime bank director, challenged the rule on constitutional grounds, but saw it upheld this week in a brief order from the Pennsylvania Supreme Court. The order did not explain the court’s position. However, when the ban on outside employment was announced then-Chief Judge Ronald Castille said it was needed to uphold the public perception of fairness.

Dally and other judges now have until June 30 to give up either their outside work or their seat on the state court bench, the newspaper reports. It appears that he will opt to give up the moonlighting:

“Irrespective of the Pennsylvania Supreme Court’s ruling on my petition, I am first and foremost a judge of this court, having been elected by the voters of Northampton County in 2009, and it is my honor and my intention to continue to serve in my present capacity,” Dally said in a written statement provided to the Morning Call on Tuesday. He declined additional comment.

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