Encouraging message exists amid troubling allegation against judge
The state Judicial Conduct Board's case against Butler County Judge William Shaffer is a troubling development within a court system that hasn't been the target of very much criticism.
But the message emerging from the allegation that Shaffer allowed cases to languish unsettled for inordinate amounts of time is encouraging as well as discouraging. Encouraging is the fact that people who feel they have been wronged by the courts- even in regard to family issues - have recourse against the person or persons responsible, even if that person is the judge handling the case.
This case should serve notice to courts throughout the commonwealth.
The conduct board's accusation against Shaffer not only alleges that he made people wait up to nearly three years for divorce, custody and support rulings, but also asserts that Shaffer failed to complete the required paperwork required from judges when they are more than 90 days late on a court decision.
According to the allegation, Shaffer "engaged in a pattern of unreasonable and unjustifiable delay" in making decisions on nine family court cases between 2001 and 2005. The Judicial Conduct Board went on to allege that Shaffer "acted in careless and reckless disregard" for the rights of the parties involved, and that neither the factual nor legal complexity of the cases justified the delays.
Joseph Massa, chief counsel to the Judicial Conduct Board, said the 12-member board did a thorough, painstaking investigation into the allegations prior to deciding there was sufficient evidence to begin the proceedings against Shaffer.
The mere filing of the case doesn't ascertain guilt on the judge's part, just like a defendant in a criminal case is innocent until proven guilty. There might be plausible explanations for why Shaffer felt compelled to allow the nine cases to remain in limbo for so long.
Therefore, no premature judgments should be made in regard to Shaffer's performance and what is being alleged.
Shaffer reportedly has 20 days to respond to the charges in court. He may either admit the purported misconduct or have a public hearing to determine if he committed the misconduct that is being alleged.
The sanctions for judicial misconduct can range from public reprimand to removal from the bench.
Massa said the case against Shaffer, a Butler County judge for five years, began as the result of complaints filed against the judge by more than one citizen. The Judicial Conduct Board counsel said the board receives more than 600 allegations a year but files only about a half-dozen complaints.
It's unfortunate that a judge of Shaffer's caliber has become one of those cases.
The complaint against Shaffer paints an unflattering picture of this county's handling of family court cases, but the complaint also reaffirms the positive message that the opportunities for recourse remain alive and well in this state.
Shaffer owes the people of this county an explanation. He shouldn't hide behind the curtain of "no comment."
