In re Schechterly

AND NOW, this 4^th day of November, 2020, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board), by and through undersigned counsel, and files this Petition For Relief For Interim Suspension Without Pay pursuant to Rule 701 of the Court of Judicial Discipline Rules of Procedure, and in support thereof, avers the following: 1. The Pennsylvania Constitution 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.

Pa. Const, Art. V, § 18(d)(2). 2. From approximately January 2, 2012, until the present, Judge Michael E. Schechterly, served continuously as the duly elected Magisterial District Judge of Magisterial District Court 41-3-04, Perry County. 3. By criminal complaint filed November 2, 2020, at Commonwealth v. Michael E. Schechterly , MJ-092020-CR-0482-2020, the Pennsylvania Office of Attorney General (OAG) filed criminal charges against Judge Schechterly stemming from a criminal investigation conducted by the Pennsylvania State Police. A true and correct copy of the criminal complaint is attached hereto as Attachment A, made a part hereof, and incorporated herein by reference as though set forth in full. 4. The OAG charged Judge Schechterly with the following offenses: (1) unlawful contact with minor, 18 Pa.C.S.A. § 6318(a)(1), a felony of the third degree; (2) corruption of minors, 18 Pa.C.S.A. § 6301(a)(1)(i), a misdemeanor of the first degree; (3) indecent assault of a child 18 Pa.C.S.A. § 3126(a)(7), a misdemeanor of the first degree. 5. The allegations supporting the felony charge and the misdemeanor charges pending against Judge Schechterly undermine both public confidence in the judiciary and its reputation. If Judge Schechterly is permitted to continue participating in cases before Magisterial District Court 41-3-04 during the pendency of these charges, the public's confidence in the judiciary will continue to erode. 6. At Judge Schechterly' s preliminary arraignment, Magisterial District Judge Jonathan R. Birbeck denied Judge Schechterly bail, reasoning that he is a danger to himself and the public. Judge Schechterly is currently incarcerated in the Cumberland County Prison.

WHEREFORE, it is respectfully requested that this Honorable Court immediately enter an interim order suspending Judge Schechterly without pay based on the felony and misdemeanor charges filed against him and to grant such other relief as may be deemed appropriate. DATE: November 4, 2020

Respectfully submitted,

RICHARD W. LONG

Chief Counsel

BY: /s/_________

Colby J. Miller

Deputy Counsel

Pa. Supreme Court ID No. 311599

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911 VERIFICATION

I, Colby J. Miller, Deputy Counsel to the Judicial Conduct Board, verify that the facts set forth in the foregoing petition are true and correct to the best of my knowledge, information, and belief. I understand that the statements made in this petition are subject to the penalties of 18 Pa.C.S.A. § 4904, regarding unsworn falsification to authorities. November 4, 2020

By: /s/_________

Colby J. Miller

Deputy Counsel

Pa. Supreme Court ID No. 311599

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 that require filing confidential information and documents differently than non-confidential information and documents.

Submitted by: Judicial Conduct Board of Pennsylvania

Signature: __________

Name: Colby J. Miller

Deputy Counsel

Attorney No: 311599 PROOF OF SERVICE

In compliance with Rule 122 of the Court of Judicial Discipline Rules of Procedure, on November 4, 2020, a copy of the Board's foregoing Petition was hand-delivered to Judge Schechterly, at the following address:

DATE: November 4, 2020

Respectfully submitted,

/s/_________

Colby J. Miller

Deputy Counsel

Pa. Supreme Court ID No. 311599

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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