In re Waltman

TO: JOHN I. WALTMAN

You are hereby notified that the Pennsylvania Judicial Conduct Board has determined that there is probable cause to file formal charges against you for conduct proscribed by Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania, and the Rules Governing Standards of Conduct of Magisterial District Judges. The Board's counsel will present the case in support of the charges before the Pennsylvania Court of Judicial Discipline.

You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within fifteen (15) days of service of this Board Complaint in accordance with C.J.D.R.P. No. 110.

You are hereby notified, pursuant to C.J.D.R.P. No. 302(B), that should you elect to file an omnibus motion, that motion should be filed no later than thirty (30) days after the service of this Complaint in accordance with C.J.D.R.P. No. 411.

You are further hereby notified that within thirty (30) days after the service of this Complaint, if no omnibus motion is filed, or within twenty (20) days after the dismissal of all or part of the omnibus motion, you may file an Answer admitting or denying the allegations contained in this Complaint in accordance with C.J.D.R.P. No. 413. Failure to file an Answer shall be deemed a denial of all factual allegations in the Complaint.

COMPLAINT

AND NOW, this 16^th day of July, 2019, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) and files this Board Complaint against John I. Waltman, former Magisterial District Judge for Magisterial District 07-1-06 of Bucks County, Pennsylvania, alleging that former Judge Waltman violated the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ), and Article V, § 17(b) and § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania, as more specifically delineated herein. A. FACTS: 1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants to the Board the authority to determine whether there is probable cause to file formal charges against a judicial officer in this Court, and thereafter, to prosecute the case in support of such charges in this Court. 2. From approximately October 26, 2010, until his suspension without pay, former Judge Waltman served continuously as the duly elected Magisterial District Judge of Magisterial District Court 07-1-06, Bucks County, located at 1500 Desire Avenue, Feasterville, PA 19053. 3. As a duly elected Magisterial District Judge, former Judge Waltman was at all times relevant hereto subject to all the duties and responsibilities imposed on him by the Constitution of the Commonwealth of Pennsylvania and the RGSCMDJ adopted by the Supreme Court of Pennsylvania. 4. On December 13, 2016, at United States v. John I. Waltman , et al , 16-509, former Judge Waltman was indicted by a federal grand jury and thereby accused of committing the following felonies during his term of judicial office between June 2015 and November 2016: (1) conspiracy to commit money laundering, 18 U.S.C. §1956(h); and (2) money laundering (3 counts), 18 U.S.C. § 1956(a)(3). The indictment is attached hereto as "Board Exhibit A," made a part hereof, and incorporated fully by reference as though set forth in full. 5. Thereafter, on December 16, 2016, at In re John I. Waltman , 7 JD 2016, this Court suspended former Judge Waltman without pay based upon the Board's request for same due to his then-pending federal felony criminal charges. 6. As a result of two subsequent superseding indictments filed August 1, 2017 (superseding indictment), and December 5, 2017 (second superseding indictment), the federal government charged former Judge Waltman with additional felony crimes. The superseding indictment and second superseding indictment are attached hereto as "Board's Exhibit B" and "Board's Exhibit C," respectively, and are each made a part hereof, and are incorporated fully by reference as though set forth in full. 7. Initially, former Judge Waltman pleaded "not guilty" to the federal felony charges pending against him at the aforementioned indictment and superseding indictments. 8. On January 18, 2019, as part of a negotiated plea agreement, former Judge Waltman changed his initial "not guilty" plea to "guilty" to conspiracy to commit money laundering, 18 U.S.C. §1956(h), and five counts of Hobbs Act Extortion Under Color of Official Right, 18 U.S.C. § 1951(b). In exchange for the plea, the federal government agreed to dismiss the remaining charges pending against former Judge Waltman at time of sentencing. A copy of the transcript of former Judge Waltman's change-of-plea hearing is attached hereto as "Board's Exhibit D," made a part hereof, and incorporated fully by reference as though set forth in full. 9. The factual basis for former Judge Waltman's guilty plea was that he engaged in the following criminal acts:

a. partook in a scheme with his co-defendants to launder the proceeds of alleged criminal activity in New York in exchange for cash;

b. partook in a scheme with his co-defendants to fix a traffic ticket in his court in exchange for a cash payment;

c. sought to obtain cash payments, i.e., "kickbacks," from persons seeking to do business with municipalities in Bucks County in exchange for the use of his influence as a magisterial district judge in the area to secure contracts for those persons from those municipalities.

10. On June 10, 2019, the Honorable Gene E.K. Pratter of the United States District Court for the Eastern District of Pennsylvania sentenced former Judge Waltman to 6½ years in federal prison, as well as a $5000.00 fine, 2 years of probation, and 150 hours of community service on the basis of his January 18, 2019 guilty pleas. A copy of the judgment entered against former Judge Waltman in his criminal case is attached hereto as "Board's Exhibit E," made a part hereof, and incorporated fully by reference as though set forth in full. B. CHARGES

COUNT 1 - Violation of Canon 1 , Rule 1.1

11. By virtue of all or some of the conduct described above at Part A, former Judge Waltman violated Canon 1, Rule 1.1. 12. Canon 1, Rule 1.1 states the following:

CANON 1: A MAGISTERIAL DISTRICT JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY.

Rule 1.1. Compliance with the Law.

A magisterial district judge shall comply with the law, including the [RGSCMDJ].

13. As a result of his conviction of federal felony crimes arising from acts undertaken during his term of judicial office, Judge Waltman violated the law and, thereby, violated Canon 1, Rule 1.1.

COUNT 2 - Violation of Canon 1 , Rule 1.2

14. By virtue of all or some of the conduct set forth in Part A, former Judge Waltman violated Canon 1, Rule 1.2. 15. Canon 1, Rule 1.2 states the following:

CANON 1: A MAGISTERIAL DISTRICT JUDGE SHALL UPHOLD AND PROMOTE THE INDEPENDENCE, INTEGRITY, AND IMPARTIALITY OF THE JUDICIARY, AND SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY.

Rule 1.2. Promoting Confidence in the Judiciary.

A magisterial district judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

16. Former Judge Waltman's felony criminal convictions and the acts undertaken during his term of judicial office that underlie those convictions demonstrate that former Judge Waltman both failed to promote the integrity of the judiciary and engaged in conduct that constituted actual impropriety, thereby violating Canon 1, Rule 1.2.

COUNT 3 - Violation of Article V , §17(b) of the Constitution of the Commonwealth of Pennsylvania (2 Counts)

17. By virtue of all or some of the conduct set forth in Counts 1 and 2 above, former Judge Waltman violated Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania. 18. In pertinent part, Article V, § 17(b) provides:

Justices of the peace [magisterial district judges] shall be governed by rules or canons which shall be prescribed by the Supreme Court.

PA CONST. art. V, § 17(b).

19. A violation of any one of the RGSCMDJs is an automatic, derivative violation of Article V, § 17(b). 20. Former Judge Waltman violated Canon 1, Rule 1.1 (Count 1). 21. Former Judge Waltman violated Canon 1, Rule 1.2 (Count 2). 22. As a direct result of his violation of all or some of the Rules set forth above, Former Judge Waltman violated Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania.

COUNT 4 - Violation of of Article V , §18(d)(1) of the Constitution of the Commonwealth of Pennsylvania (2 Counts)

23. By virtue of his convictions for federal felony crimes as described in Part A, former Judge Waltman violated Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania. 24. In pertinent part, Article V, § 18(d)(1) provides:

A justice, judge, or justice of the peace may be suspended, removed from office or otherwise disciplined for conviction of a felony[...; and] conduct which . . . brings the judicial office into disrepute, whether or not the conduct occurred while acting in a judicial capacity or is prohibited by law[.]

PA. CONST. art. V, § 18(d)(1).

25. Because former Judge Waltman is now a convicted felon arising from criminal acts that took place during his term of judicial office, he has violated Article V, § 18(d)(1). 26. Further, as described above at Part A, former Judge Waltman's conduct of engaging in felonious criminal acts under the color of the authority granted to him by virtue of his judicial office constitutes conduct so extreme that it brought disrepute upon the judicial office itself. 27. As a result of all or some of the conduct set forth above at Part A, former Judge Waltman violated the Disrepute Clause of Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania.

WHEREFORE, John I. Waltman, former Magisterial District Judge of Bucks County, Pennsylvania, is subject to disciplinary action pursuant to the Constitution of the Commonwealth of Pennsylvania, Article V, § 18(d)(1).

Respectfully submitted,

RICHARD W. LONG

Chief Counsel DATE: July 16, 2019

By: /s/_________

JAMES P. KLEMAN, JR.

Deputy Counsel

Pa. Supreme Court ID No. 87637

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

Image materials not available for display. VERIFICATION

I, James P. Kleman, Jr., Deputy Counsel, verify that the Judicial Conduct Board found probable cause to file the formal charges contained in this Board Complaint. I understand that the statements made in this Board Complaint are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.

Respectfully submitted, DATE: July 16, 2018

By: /s/_________

JAMES P. KLEMAN, JR.

Deputy Counsel

Pa. Supreme Court ID No. 87637

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911 CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

Submitted by: Judicial Conduct Board of Pennsylvania

Signature: __________

Name: James P. Kleman, Jr.

Deputy Counsel

Attorney No.: 87637 PROOF OF SERVICE

In compliance with Rule 122 of the Court of Judicial Discipline Rules of Procedure, on July 16, 2019, a copy of the Board Complaint was personally served by Board Investigator Paul A. Fontanes upon former MDJ John I. Waltman at the following address:

Former Magisterial District Judge John I. Waltman 530 Avenue B Trevose, PA 19053

Respectfully submitted, DATE: July 16, 2019

/s/_________

James P. Kleman, Jr.

Deputy Counsel

Pa. Supreme Court ID No. 87637

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911