THE MORNING CALL: …amid troubles involving Supreme Court justices in the early 1990s, voters sought to limit the “king’s” power. In 1993, voters amended the state Constitution. The change created a due process system for judges through a Judicial Conduct Board, which independently investigates misconduct complaints, and a Court of Judicial Discipline, which independently determines a judge’s innocence or guilt….
The justices voting to suspend McCaffery cited king’s bench power to “protect and preserve the integrity” of the state’s judicial system. In doing so, the majority determined the conduct board was not an independent entity. The court ordered the board to write a public report within 30 days if it finds lack of probable cause to send charges to the discipline court — even though decisions not to prosecute normally are kept secret…
Duquesne University law professor Bruce Ledewitz, who tracks state constitutional law decisions, said he does not think the court had the authority to suspend McCaffery… (more)
