What is an impeachment petition? First
a citizen needs to understand that the impeachment process is a
political tool of checks and balances that our forefathers wrote into
the Constitution to remove corrupt elected public officials (including
judges) from their respective offices by way of the House of
Representatives. Keeping within the context of impeachment
petitions against corrupt judges the investigative body of the House of
Representatives is the House Judiciary Committee which is charged with
reviewing and investigating the petitioning citizen's complaint of
judicial misconduct. Once the investigative results are presented
to the entire House of Representatives, the articles of impeachment
against the corrupt official (judge) are to be sent to the state Senate
for trial "similar" to a court of law. The Senate will either convict
the judge for unethical behavior or acquit. This requires a two
third vote in favor of IMPEACHMENT. Regardless, impeachment is a
political action (not judicial) with its sole purpose being to remove a
corrupt official (judge) from their elected or appointed offices as
punishment. Some of the side benefits to impeachment are the judge
will lose his/her state pension, they will be barred from holding any
public office, and they and their family will basically live out their
lives in disgrace. A small price to pay considering the thousands of
families and children's lives they destroyed.
Doing some research on the Impeachment Process in Pennsylvania I
discovered that up until 1968 the House of Representatives via a
citizens district representative received any complaints concerning
Pennsylvania's judiciary. Supposedly, by 1968 the population
increased dramatically, and consecutively the volume of complaints being
lodged against corrupt judges proportionately increased to a degree that
it was not practical or feasible for the state legislature to handle
matters of disciplining judges. I have not found any documented
history on how the complaints against judges were actually addressed or
how corrupt judges were reprimanded, if at all, for their
unethical conduct. Recently...Michael Schwoyer, present (non
elected) Chief Counsel for the House Judiciary Committee readily points
out that in Pennsylvania there was only one corrupt judge actually
impeached in two hundred years. So, in 1968 the Pennsylvania
Judicial Conduct and Review Board was born ( a virtual black hole) to
receive and investigate all complaints against errant judges.
[Unfortunately, filing complaints through the JCRB were routinely
encouraged, as matter of policy, by your district representatives
under the guise that it is the aggrieved citizens only available
recourse for dealing with judicial corruption. In the interest of
their political self serving agendas a legislator either by ignorance or
diversion will never, ever advise a constituent of their RIGHT to file
an impeachment petition and in most cases pretend they don't know an
action of this type exists]. Fortunately, the creation of the JCRB did
not eliminate the impeachment clause in the Pennsylvania Constitution.
Further it did not eradicate or absolve the state legislature's
responsibilities from taking action for impeachment when receiving a
citizens petition for redress of grievances against "their" government.
As to be expected any profession or government entity that self
polices itself does not work, never did, never will, as was such with
By 1993 the state legislature was again being bombarded with complaints
about Pennsylvania's judiciary. Only this time the complaints were
being directed at the JCRB for nonperformance and malfeasance.
Hence in 1993 the Pennsylvania constitution was amended once again by
Pennsylvania voters to establish a Judicial Conduct Board. This
disciplinary board now incorporated a two tiered procedure for
dealing with corrupt judges and the twelve member panel was to include
six non-lawyer private citizens. Three private citizens are appointed by
the board of the Supreme Court and three are appointed by the Governor.
Sounds honorable and unbiased doesn't it? Once investigations are
complete the charges (if any) are to be taken before the second stage of
the JCB called the Court of Judicial Discipline. One needs to keep in
mind that this procedure is never made public record and is totally
conducted in secrecy under the umbrella of the Supreme Court of
Pennsylvania. A prudent person would have to infer that anything
conducted in secrecy is most likely done underhanded. I remember reading
in the newspapers in 1993, that the state legislature beamed with pride
that this new two tiered method of disciplining corrupt judges
would restore the publics confidence in the judiciary and the way
corrupt judges would be investigated and disciplined. Being time
tested-- twenty years later--- has proven the legislature wrong
and the JCB to be...another pipe dream!
So here we are again in 2005 where the Judicial Conduct Board like its
predecessor is an abominable failure and public disgrace. I
believe that six to eight hundred complaints are filed with the JCB each
year and after allegedly investigating these complaints barely result in
some 2% disciplinary actions against a member of the judiciary.
The majority of that minuscule 2% are prosecutions against the
expendable token district magistrates. Now, anyone who has filed a
complaint with the Judicial Conduct Board knows that they are
expeditiously dismissed without any real action what-so-ever being taken
against the judge complained of. Result, the courts' victims walk
away feeling rejected , hopeless and victimized a second time by the
judicial system...while the accused judges remain untarnished and
unabated from striking out again at their next victim.
I think the above paragraph and statistics are self explanatory as to
the reason the impeachment process in Pennsylvania must be taken out of
mothballs and utilized by the citizenry. Somewhere, accountability
for corrupt judges must be established, otherwise we are going to
continue this accelerating slide towards total tyranny by the judicial
branch of government. Anyone who has been through the Family Court
System and has been designated and denigrated to the status of Non
Custodial Parent or court ordered Non Parent can certainly understand
that domestic relations law and the Constitutions of the United States
and Pennsylvania are not being upheld by the family courts. In fact we
have a female judge in Blair County that boldly announces from the
judicial bench that the Constitution of the United States and Family Law
are like comparing apples to oranges.
Over the last fifteen to twenty years NCP's have slowly band together to
fight a Family Court System gone mad. It is the consensus of every
NCP who has fought this battle against family court corruption that
something extraordinary will have to be done by NCPs to "SHOCK" the
general public's and political consciousness into taking a hard look at
the plight of NCPs and their children. Wherefore it has been my
contention that multiple Impeachment Petitions filed before the state
legislature at one time will stimulate the urgency for change in law and
public policy. Further, any filed impeachment petitions are put on
the legislative calendar as legislative business and are a matter of
public record...should the corporate controlled news media dare to
report. Multiple impeachment petitions should let the genie out of
the bottle while raising the awareness of our state legislators that
corruption in our court system and the ensuing status quo cover ups
running amuck are not going to be acceptable any longer.
In preparing the impeachment petition against a corrupt judge an
aggrieved litigant-citizen needs to mentally review their custody case
step by step for factual detail and procedural etiquette. To assist this
endeavor a person should review the following guidelines, but also
keeping in mind that we are not attorneys and absolute perfection is not
a constitutional mandate to file. We are talking about, good over
evil...fairness and justice...right and wrong...not form over substance.
Just keep the facts as accurate as possible to preserve your credibility
and that of others who may choose to file future impeachment petitions..
Next one must consider that judges took a solemn oath to protect and
uphold the law and Constitutions of the United States and
Pennsylvania. A violation of one or more of the above categories
deprives a person of their Constitutional right to Due Process and Equal
Protection of the Law.
If you have been reduced to a mere every other weekend visitor with your
child by the court, you will need to ask yourself is this what you
deserved? Was the law followed? Overwhelmingly, the answer will be
that you did nothing wrong to warrant being separated from your
children...had an excellent relationship with "your" children... and
loved them every bit as much as the other parent. It must then be
concluded that the judge or master did not fairly weigh or consider the
evidence in your case. A simple example would be [mom is a proven
alcoholic and dad drinks coffee ... both were actively involved in
raising the children]. Minus any other "real and proven" abuse
factors detrimental to the children's well being, which has the
greater weight in deciding custody? A responsible disinterested person
would see dad as the more stable and appropriate parent to raise the
children. How could a judge see it differently? So would it
be fair that mom should still be awarded primary custody of the children
just because she voluntarily enrolls herself in Alcoholics Anonymous?
This is not equal protection of the law when one parent is held to a
higher standard of acceptable conduct than the other parent. In this
scenario if primary custody was awarded to mom then the judge
manipulated, mitigated or totally ignored the evidence in making a
preconceived custody order). In other words you were not given due
process of law...you were just "processed" through a one size fits all
production line just because you divorced the other parent.
If a judge did not fairly weigh the evidence in your custody case then
he/she violated his judicial canons to conduct a judicial proceeding
fairly and impartially. Evidence is something that furnishes or
tends to furnish proof; especially : something (as testimony, writings,
or objects) presented at a judicial or administrative proceeding for the
purpose of establishing the truth or falsity of an alleged matter of
fact. Evidence is exactly that, not a judges belief or what he/she
distorts it to mean.
Remember these are your children, not a trophy to be won through the
highly contentious adversarial winner take all mentality of the
Pennsylvania Family Court System.
In preparing your Impeachment Petition you will be basically writing
your own story in numbered paragraphs for reference points that outline
the pertinent events that had taken place in your custody hearing,
protection from abuse hearing, or any matter that brought you before the
family court system.
Code of Judicial Conduct and all the laws you need to know to file an
impeachment petition can be found online at this link.
These can also be found in any law library and most public libraries.
On this website start out by looking under the heading...The
Pennsylvania Rules of Court.
(a) Look up subtitle Pennsylvania Rules of Judicial Conduct. (Note:
these are the Judicial
Canons (ethics guidelines) that direct the course of a judges
(b) Look up subtitle Pennsylvania Rules of Civil Procedure Chap. 1915.
custody. (Note: these are the laws that "must be
followed" in guiding the course of
civil procedure and custody litigation.
(c) Look up Pennsylvania Rules of Evidence. (Note: These are the
statutory guidelines that
must be followed during the course of litigation that
permits or defeats the
introduction of viable evidence into the case record.
This includes documentary and
Next look under the heading... Table Of Contents for the Pennsylvania
(d) Look for Title 23 and open it. Next, go to Chapter
53...CUSTODY. These are the
statutes that "must" be followed in determining custody
placement of children. (Note:
these are the statutes that judges and "custody
masters" must follow in determining
divorce and custody matters. Judicial discretion does
not permit a judge or master to
willfully and wantonly ignore, redefine, or reinvent
Start your document citing Pennsylvania's constitutional authority of
the legislature to impeach a corrupt public official (judge). This
can be found on the example model attached. If you accuse a judge of
committing a crime under Pennsylvania criminal statutes then his/her
conduct is felonious. From my own experiences with the court
system, judges criminal conduct usually encompass criminal conspiracy,
tampering with public records, and fabricating physical evidence, or as
in my case the judge endangered the welfare of my child. Be
advised that charges like these should be avoided in your impeachment
petition because they require a greater degree of evidence...proof to
convict a judge. However, if you discover a transcript has been
deleted of material statements (evidence) and have witnesses to
this crime, or the judge refuses to provide the audio tape recordings of
the hearing, (which are public record) then by all means accuse the
judge of felonious conduct.
The body of the Petition should include your statement of facts (story)
and particulars where the judge failed to follow any of the above
guidelines. This is where you will need to chronologically identify the
judges unethical conduct (per incident) by citing the applicable state
statute and Judicial Canon.
Conclude the petition by signing it and having it notarized. Most state
representative's offices can do this free of charge.
Once notarized send the document to:
The Office Of The Chief Clerk
House of Representatives
Room 129, Main Capitol Building
Harrisburg, PA 17120-2020
Expect to receive a letter from the Parliamentarian claiming that the
complaint is a matter for the Judicial Conduct Board but advises that
the Impeachment Petition has been sent to the Speaker of the House of
Representatives, who will in turn refer the petitions to the House
A petitioner may also send a copy to their district Representative.
Sending the petition e-mail to all members of the House of
Representatives is permissible. Sending a copy to local news media
or larger Pennsylvania newspapers is also recommended.
However, do not send copies of the Impeachment Petition to any member of
the state Senate.
One should also be aware of the probability that the Impeachment
Petition will not be acted on for at least a year and will be "removed"
from the legislative calendar without further action. Wherefore,
the Impeachment Petition will need to be refiled at the next legislative
session in order to be placed back on the legislative calendar. In other
words keep the pressure on.
FOR THE IMPEACHMENT OF (insert) Judge's name,
COURT OF COMMON PLEAS, (insert) Judge's County, PENNSYLVANIA
Pursuant to the Pennsylvania State Constitution and Article
V1--PUBLIC OFFICERS (Power of Impeachment -- section 4.), (Trial of
Impeachment Section--5.), and (Officers Liable to Impeachment--Section
6.); and Article V, Section 15 [Tenure of Justices, Judges and
Justices of the Peace], and Section 17 [Prohibited
Activities--Subsection (b)], and Section 18 [Suspension, removal,
Discipline and Compulsory Retirement]-- Subsection (d): paragraph (5).
To investigate the charges made and brought hereunder by the undersigned
Petitioner against The Honorable (insert) judges name, Judge of
the Court of Common Pleas, (insert) judges county, Pennsylvania, as more
fully set forth in the Petitioner's Affidavit in support of this
Petition, attached hereto and made a part hereof as if fully set forth,
implicating Judge (insert judges name)of (insert any or all of the
following if applicable to your case--malfeasance, nonfeasance and
felonious) conduct in office so sadistic that it strikes at the very
heart of the American justice system; further implicating his failure to
uphold his sworn duties as protector of the Constitutions of the United
States of America and the State of Pennsylvania, and the laws of the
State; and implicating his/her failure to uphold and enforce the public
policy of Pennsylvania for frequent and continuing contact between
a child and both parents; and implicating his/her decisions to the
contrary of said public policy in his/her official capacity as Common
Pleas Court judge as violation of statutory and constitutional
protections and liberties; and,
When warranted, to indict said Honorable (insert) judges name for (if
applicable use all or pick any combination malfeasance,
nonfeasance and felonious conduct in office, and to bind him/her over
for trial on impeachment from office in the Senate of the State of
Pennsylvania at the earliest possible time.
DATED this __________ day of month, year.
Petitioner's name (typed)
Petitioner's home town, PA
Petitioner's telephone number
AFFIDAVIT OF PETITIONER
IN SUPPORT OF PETITION FOR IMPEACHMENT
STATE OF PENNSYLVANIA )
COUNTY OF (insert) NAME )
I, affiant (petitioner's name )., being duly sworn, upon oath, do hereby
depose and state as follows:
I am a legal resident of (insert) city name, county name,
I make this affidavit in support of my Petition for Impeachment of Judge
(insert) judges name , Common Pleas Court Judge of (insert) county,
Pennsylvania. The statements made in this Affidavit are based on my
I am the Defendant in a post-decree civil action in the Common Pleas
Court in and for (insert) county, Pennsylvania. (plaintiffs name v.
defendants name) case number (example 96 GN 2139).
(Optional__ Petitioners closing statement)
Thomas Jefferson has warned:
(Quote) "As for the safety of society, we commit honest maniacs to
Bedlam, so judges should be withdrawn from their bench, whose erroneous
biases are leading us to dissolution."
Frederick Douglas has warned:
(Quote) "Find out just what people will submit to, and you have found
amount of injustice and wrongdoing which will be imposed on them; and
will continue until they are resisted with either words or blows, or
The limits of tyrants are prescribed by the endurance of those whom they
Carl Schurz's profound statement sums up this situation we face today:
(Quote) "My country right or wrong; if right , to be kept right and if
wrong, to be set right."
I am again asking that my state legislature take heed to the warnings of
these wise men. This unbridled reign of terror being inflicted on an
unsuspecting Pennsylvania citizenry and its defenseless children by a
self policing out of control judiciary body of our state government must
be reined in through an honest and determined legislative investigation
of the Blair County Court.
FURTHER AFFIANT SAYETH NAUGHT.
Affiant-(insert) petitioner's name.
SUBSCRIBED AND SWORN TO BEFORE ME this ___________ day of
(insert) month, year, by Affiant (to be filled in by notary -
Witness my hand and official seal.
My commission expires: _______________