John Rogers Carroll, Philadelphia, for respondent.
Robert Keuch, Executive Director, Harrisburg, for J.I.R.B.
Nix, C.j., and Flaherty, McDermott, Zappala, Papadakos and Stout, JJ. Larsen, J., did not participate in the consideration or decision of this case. Papadakos, J., files a concurring opinion.
This proceeding arises out of the alleged violations committed by Judge Joseph R. Glancey of the Philadelphia Municipal Court, Respondent herein, in his association with the Roofers' Union Local 30-30B. It is thus controlled to a large extent by our recent decision in In the Matter of Cunningham, 517 Pa. 417, 538 A.2d 473 (1988), which resulted in the removal or suspension of eight of Respondent's colleagues. The proceeding likewise presents us with an issue concerning this Court's jurisdiction not discussed in that opinion, occasioned by Judge Glancey's recent resignation from the bench, and with challenges to the vitality of the Cunningham decision. Each will be addressed in turn.
Judge Glancey's conduct in this matter brought him before this tribunal once before. In the Matter of Glancey, 515 Pa. 201, 527 A.2d 997 (1987), presented us with the issue of whether the constitutional privilege against self-incrimination may be validly asserted by a judge in Pennsylvania, to avoid making financial disclosures mandated by Pennsylvania Supreme Court Order No. 47, promulgated April 13, 1984.*fn1 Judge Glancey had filed a Statement of Financial Interest for 1985 with the Administrative Office of Pennsylvania Courts ("AOPC") wherein he responded to Question 11, regarding gifts received during the year having a value of $200.00 or more, with the statement "Response respectfully declined at this time on grounds of constitutional privilege." AOPC referred the matter to the Judicial Inquiry and Review Board ("J.I.R.B." or "Board"),*fn2 which, following a hearing, concluded that Respondent knowingly and willfully failed to answer Question 11 in violation of Article V, section 17(b) of the Pennsylvania Constitution; Canons 1 and 2 of the Code of Judicial Conduct;
and 42 Pa.C.S. § 3302 ("Judges should not engage in any activity prohibited by . . . any other provision of law and shall not violate any canon of ethics prescribed by general rule."). The Board recommended removal of Respondent. Although we agreed with the Board's findings as to misconduct, we nevertheless declined to order removal because of a perceived lack of prior warning to Respondent that his conduct was prohibited. Accordingly, we allowed Respondent thirty (30) days to provide the required information, and stated that should he comply, the charges would be dismissed.
On July 2, 1987, Judge Glancey filed a letter with the AOPC amending his Statement of Financial Interest for 1985. Therein he responded to Question 11 in the following manner:
Source of Gift: Thomas Brown of Local 30, Roofers.
Address of Source of Gift: Philadelphia, PA.
Reason for Gift: Christmas Gift.
While the J.I.R.B. proceeded against Respondent for his initial failure to respond adequately to Question 11, the Federal Bureau of Investigation was conducting an investigation into racketeering activities involving the Roofers Union Local 30-30B. On October 23, 1986, a federal grand jury sitting in Philadelphia returned a sixty-one count indictment charging nineteen individuals with, inter alia, using kickback money from the Union's Prepaid Legal Services Plan to make cash payments to public officials, including a number of judges. Pursuant to the public disclosure of this activity, the Board initiated the instant inquiry. The J.I.R.B. requested and received access to information developed in the federal investigation, including evidence of an electronic surveillance of the Roofers Union hall and testimony elicited before the federal grand jury.
By letter dated December 12, 1986, Judge Glancey was formally charged with violations of Canons 1, 2, and 5C(1) of the Code of Judicial Conduct; Article V, section 17(b) of the Pennsylvania Constitution; and Supreme Court Order
No. 47. The charges alleged an acceptance of cash from a representative of the Roofers Union in the years 1983, 1984 and 1985, as well as a failure to report said payments for the years 1984 and 1985.*fn3 The Board amended these allegations by letter dated January 28, 1987, wherein it further alleged that Respondent provided false information to FBI agents investigating the payments, and that Respondent invoked his privilege against self-incrimination in a ...