In re Dougherty

AND NOW, this 12^th day of May 2016, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (hereinafter "Board"), by and through undersigned counsel, and files this Petition For Interim Suspension With or Without Pay pursuant to Rule 701 of the Court of Judicial Discipline Rules of Procedure and Rule 13(A) of the Board Rules of Procedure and avers the following:

1. The Pennsylvania Constitution at Article V, § 18(d)(2) provides this Court with the authority to impose interim suspension as follows:

Prior to a hearing, the court may issue an interim order directing suspension, with or without pay, of any justice, judge or justice of the peace against whom formal charges have been filed with the court by the board or against whom has been filed an indictment or information charging a felony. An interim order under this paragraph

shall not be considered a final order from which an appeal may be taken.

2. Since May 1998, Timothy M. Dougherty has served continuously to the present as a duly elected Magisterial District Judge for Magisterial District 23-2-02 in Berks County, Twenty-third Judicial District, encompassing the Boroughs of West Lawn, West Reading, and Wyomissing.
3. Following a statewide investigating grand jury recommendation, on May 12, 2016, the Pennsylvania Office of Attorney General charged Magisterial District Judge Dougherty with the following criminal offenses:

(1) Theft by Failure to Make Required Disposition of Funds Received, 18 Pa.C.S.A. §3927(a), a felony of the third degree;
(2) Restricted Activities - Conflict of Interest, 65 P.S. §1103, a felony;
(3) Theft By Unlawful Taking, 18 Pa.C.S.A. §3921(a), a felony of the third degree;
(4) Theft By Deception, 18 Pa.C.S.A. §3922(a)(l), a felony of the third degree;
(5) Theft By Deception, 18 Pa.C.S.A. §3922(a)(3), a felony of the third degree;

(6) Receiving Stolen Property, 18 Pa.C.S.A, §3925(a), a felony of the third degree;
(7) Theft By Unlawful Taking, 18 Pa.C.S.A. §3921(a), a felony of the third degree;
(8) Theft By Deception, 18 Pa.C.S.A. §3922(a)(l), a felony of the third degree;
(9) Theft By Deception, 18 Pa.C.S.A. §3922(a)(2), a felony of the third degree;
(10) Theft By Deception, 18 Pa.C.S.A. §3922(a)(3), a felony of the third degree;
(11) Receiving Stolen Property, 18 Pa.C.S.A. §3925(a), a felony of the third degree;

A true and correct copy of the Criminal Complaint with attached Thirty-Eighth Statewide Investigating Grand Jury Presentment No. 14 is attached hereto and marked "Attachment 1."
4. The charges arose from Magisterial District Judge Dougherty taking $18,777.50 in Commonwealth funds collected as fines and costs from his magisterial district court and $97,780 from the Wyomissing Volunteer Fire Company while he served as its treasurer.

5. The pending felony criminal charges against Magisterial District Judge Dougherty undermine both public confidence in the judiciary and its reputation.

WHEREFORE, the Board, by and through undersigned counsel, respectfully requests that this Honorable Court immediately enter an interim order suspending Magisterial District Judge Timothy M. Dougherty With or Without Pay based on the felony criminal charges filed against him and to grant such other relief as may be deemed appropriate.

Respectfully submitted,

ROBERT A. GRACI

Chief Counsel
DATE: May 12, 2016

BY:/s/_________

Francis J. Puskas II

Deputy Chief Counsel

Pa. Supreme Court ID No. 76540

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911

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