We applaud the Pennsylvania Supreme Court for taking swift, but measured, action with regard to Justice Seamus P. McCaffery—suspension with pay, and a direction to the Judicial Conduct Board to accelerate its investigation. We are sympathetic to the due process concerns raised by Justice Debra Todd in her dissent to the Supreme Court’s action, but we are of the view that the due process rights of an individual justice must be balanced against, and ultimately give way to, the greater interests of the public in a judiciary that is free from taint, and the interest of the institution of the Supreme Court, which must now work diligently to restore its reputation for integrity and professionalism. That reputation—the most valuable capital of any high court—is in serious need of repair.

The growing accumulation and seriousness of allegations against McCaffery do not make those allegations any more true or make him any more “guilty,” but they do, unfortunately, make it almost impossible to have confidence in the workings of the court while those allegations remain unadjudicated, particularly in light of the mudslinging that those allegations have precipitated. Thus, it is appropriate that McCaffery not participate in the workings of the court until these matters are resolved, and just as appropriate that the JCB act as swiftly as possible to bring this sordid affair to a prompt and fair resolution.

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