Chester County lawyer Samuel C. Stretton. Courtesy photo

The letter of counsel gives a judge a form of professional discipline as opposed to a letter of concern or an outright dismissal.

A judge has consulted with me. I am trying to see if there is any kind of program like ARD for judges in the judicial disciplinary system. Is there?  

There is. And it is found in the Judicial Conduct Board's Operating Procedure in Rule 8.03. This rule is titled "Probation." The rule at issue is found under 8.03(d) titled "Board Imposed Probation." That is different program than when the matter goes to the Court of Judicial Discipline and there is probation. This is a diversionary type of program that the Judicial Conduct Board can have a judge participate in to avoid a trial or more serious discipline. This program can allow a judge to get help, but still remain on the bench.

Rule 803(d) states with the agreement of the judge whom a complaint has been filed against, the Judicial Conduct Board may resolve the pending complaint by imposing a period of probation. This used to be called a diversionary program where a judge who had, for instance, psychological or emotional issues would go and be evaluated by the board psychiatrist and follow the recommended course of treatment. The judge would be placed on a probationary period. Under subsection E, which deals specifically where a judge has problems with alcohol, drugs, a psychical disability, or other addictive behavior, under those circumstances, a judge has to go Judges Concerned for Judges to receive an initial assessment and treatment.