Now that it has brought ethics charges against Justice J. Michael Eakin, the Judicial Conduct Board faces its next task: demonstrating the offensive and pornographic traffic on Eakin’s private email account actually constituted violations of the Code of Judicial Conduct and the Pennsylvania Constitution. And while public and political criticism against Eakin is mounting, the case against him might not be a slam dunk legally.

Some court observers said the 51-page complaint filed by the board Tuesday isn’t persuasive in its effort to outline Eakin’s misconduct, making it unlikely the Court of Judicial Discipline will find cause to remove him from the bench. The CJD issued an order late Thursday asking Eakin to show cause why he shouldn’t be suspended pending a decision in his case, and setting a Dec. 21 hearing in Northampton County on the order.

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