Jun. 23, 2015
HARRISBURG – In an attempt to rid Pennsylvania’s judicial system of corruption and maintain a level of respect in courtrooms, House Judiciary Committee Majority Chairman Ron Marsico (R-Dauphin) moved legislation to authorize an investigation into the conduct of Lancaster County Magisterial District Judge Kelly Ballentine during the Judiciary Committee’s scheduled weekly voting meeting.
“I felt it was imperative that we move this legislation in order to maintain the public’s trust in our judicial system and ensure that those judges who attempt to thwart their responsibilities by acting in an illegal and irresponsible manner be punished accordingly,” said Marsico. “Additionally, the House of Representatives is charged with the constitutional duty to investigate whether inappropriate conduct by public officials, including our judges, merits impeachment. We must fulfill our constitutional oversight responsibility regarding the Judiciary.”
In 2010 and 2011, 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. Afterward, she was 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.
Ballentine also allegedly violated the terms of her probation. 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.
Further, in the ensuing investigation of the complaint of misconduct related to the sales tax case, it was discovered that Ballentine had not filed a state or federal personal income tax return since 2008.
House Resolution 389 would authorize the Judiciary Committee to investigate Ballentine’s conduct to determine if she is liable to impeachment for misbehavior in office and to report its conclusions and recommendations to the House. The resolution directs the Judiciary Committee to designate the Subcommittee on Courts to initially investigate the matter. It authorizes the Judiciary Committee to investigate, and to employ staff to do so, after receiving recommendations from the Subcommittee on Courts.
In addition to House Resolution 389, several other bills moved through the committee today, including:
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House Bill 760, which would offer immunity to veterinarians, technicians and assistants who report, in good faith and in the normal course of business, suspected cases of animal cruelty.
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House Bill 1205, which would provide a statutory mechanism for the Independent Fiscal Office to obtain data from other Commonwealth government agencies for use in preparation of reports analyzing the effectiveness of current government programs. The General Assembly, by subsequent joint resolutions, will identify the reports to be generated.
The legislation will now go to the House floor for further consideration.
Representative Ronald Marsico
105th District
Pennsylvania House of Representatives
RonMarsico.com
Media Contact: Autumn R. Southard, 717.652.3721
asouthar@pahousegop.com