The resignation of Justice Seamus McCaffery, while a source of relief for many in the Pennsylvania legal community, doesn’t mean our judicial troubles are over. Not by a long shot. If anything, the McCaffery mess exposed a lot of problems with our courts and our suspect judicial-conduct system.
McCaffery’s exit was inevitable. It was merely a matter of when and how as soon as he was suspended. The per curiam opinion the state Supreme Court issued Oct. 20 was one of the most remarkable things I’ve ever seen the court do. It wasn’t merely a suspension. It was essentially an indictment of McCaffery, and to a degree, the Judicial Conduct Board itself. The listing of all the allegations against him—not just the pornographic emails he admitted to sending to the Attorney General’s Office—was telling of the majority’s mindset, as was the demand that the JCB bring charges in 30 days, and if not, explain why.
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