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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: April 10, 2015 11:35 AM
From: Representative Bryan Cutler
To: All House members
Subject: Impeachment Resolution
 
In the near future, I plan to introduce a Resolution to impeach Lancaster County Magisterial District Judge Kelly Ballentine, for misbehavior in office, flagrant disregard for the law, and violation of the public trust.

In 2010 and 2011, Judge Ballentine used her position as judge to fix her own parking tickets. She simply accessed the district justice computer system and dismissed three traffic citations issued against her. She was charged with three counts of Conflict of Interest, six counts of Tampering with Public Records or Information, and three counts of Obstructing Administration of Law or Governmental Function, and was suspended in February 2012. Not only that, but she was also allowed to continue to collect a paycheck and enjoy full medical benefits for almost a year and a half, while on suspension from her duties.

Not only did Judge Ballentine violate the public trust, she also violated the Pennsylvania Constitution. As more specifically set forth in a February 2013 Order of the Judicial Conduct Board, Kelly Ballentine:

• Violated Article V, § 18(d)(1) of the Constitution by engaging in conduct which brings the judicial office into disrepute;
• Violated Article V, § 18(d)(1) of the Constitution by engaging in conduct which prejudices the proper administration of justice; and
• Violated Article V, § 17(b) of the Constitution by violating the rules prescribed by the Supreme Court of Pennsylvania, governing magisterial district judges.

It is incredible to me that a judge would betray the public trust in such a way, and it is disappointing that she did not immediately resign her position at that time.

But it doesn’t end there. Judge Ballentine proved incapable of adhering to the terms of her probation, which included “obeying the law.” After a 2014 License Revocation Notice by the Department of Revenue, it came to light that she had not remitted the sales tax collected by her Lancaster shoe store since 2009. Disregarding the letter advising her that her license to sell taxable goods was being revoked, and that continuing to sell taxable goods would subject her to criminal action, she apparently continued to operate in clear violation of the law.

But this case doesn’t end there, either. In the ensuing investigation of the complaint of misconduct related to the sales tax case, it was discovered that Judge Ballentine had not filed a state or federal personal income tax return since 2008. So, once again, Judge Ballentine finds herself facing criminal charges and is returning to the Judicial Conduct Board for a second time.

The House of Representatives is charged with the constitutional duty to investigate whether inappropriate conduct by public officials, including our judges, merits impeachment. While in the interest of Due Process it is imperative that our effort not interfere with the ongoing criminal appeals or the newest proceeding before the Court of Judicial Discipline, I also believe it is imperative that we fulfill our constitutional oversight responsibility regarding the Judiciary. As a historical reference, this is the same process which was utilized to investigate Supreme Court Justice Larsen in 1993.

Therefore, I ask you to join with me to cosponsor a resolution to authorize the House Judiciary Committee to investigate the conduct of Lancaster County Magisterial District Judge Kelly Ballentine and determine whether she is liable to impeachment.



Introduced as HR389