Kelly S. Ballentine
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Kelly S. Ballentine was a judge on the Lancaster County Magisterial District in Lancaster County, Pennsylvania. She took office in 2006.[1][2] After being suspended without pay in February 2015, she was removed from the court in August.[3][4]
Elections
2011
Ballentine was re-elected to the Lancaster County Magisterial District after running unopposed in the general election.[5][6]
- See also: Pennsylvania judicial elections, 2011
Noteworthy events
Removed from bench for failure to file tax returns (2014)
On December 4, 2014, the Judicial Conduct Board filed a "Petition to Revoke Probation" against Ballentine, who had been placed on probation from June 1, 2013, through December 31, 2014, for judicial misconduct involving the dismissal of her own parking and registration tickets. In the petition, the board alleged that Ballentine had violated the terms of her probation by failing to timely file her past five income tax returns, which is a misdemeanor under the Internal Revenue Code and the Pennsylvania Tax Reform Code. Ballentine eventually filed her taxes, but after August 2014.[7][8]
On January 16, 2015, Judicial Conduct Board charged Ballentine with failure to pay tax on the sale of goods from her private business, Walk-In-Style Fashion, which she operated from 2009 to 2014. The board also alleged that she operated the business without a license and failed to file tax returns for the business. Another charge concerned Ballentine's alleged failure to file her personal tax returns for the years 2009 to 2011.[9] The full complaint can be read here.
Ballentine's hearing was held on February 5, 2015. The following day, the Judicial Conduct Board issued an order to suspend Ballentine from the bench without pay.[3]
On August 4, 2015, the Pennsylvania Court of Judicial Discipline ordered that Ballentine be removed from the bench. Writing for the majority in the 5-3 ruling, Judge Timothy F. McCune said, "Judge Ballentine has failed to conduct herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."[4] Ballentine's attorney said that the punishment was too harsh, and they appealed the decision to the state supreme court.[4]
On February 16, 2016, the Pennsylvania Supreme Court upheld the decision to remove Ballentine from office.[10]
Suspension for dismissing personal tickets (2011)
In July 2011, Lancaster Online reported that, according to court records, Ballentine dismissed parking and registration tickets she had received. The Pennsylvania Judicial Conduct Board makes clear that judges should remove themselves from proceedings in which they are a party.[11] Ballentine was suspended from the bench on February 11 and allowed to return to work on June 1, 2013; however, she was to remain on probation until December 31, 2014.[12]
The sum of her unpaid parking fines was $269.59, but Ballentine was fined $1,500 for the misconduct.[13]
See also
- Pennsylvania Magisterial Districts
- Courts in Pennsylvania
- Lancaster District Judge Kelly Ballentine dismisses her own parking tickets
External links
Footnotes
- ↑ The Unified Judicial System of Pennsylvania, "Pennsylvania Magisterial Districts Judges," accessed December 12, 2014
- ↑ Lancaster Online, "Legal professionals on Kelly Ballentine case: Lancaster district judge got a 'break'," June 13, 2013
- ↑ 3.0 3.1 Lancaster Online, "District Judge Kelly Ballentine suspended without pay for failing to file taxes," February 6, 2015
- ↑ 4.0 4.1 4.2 Lancaster Online, "Lancaster City District Judge Kelly Ballentine removed from bench," August 5, 2015
- ↑ Lancaster County, Pennsylvania, "Unofficial 2011 Municipal Election Results," accessed July 8, 2015
- ↑ Lancaster County Bureau of Election, "Unofficial Election Results," accessed July 8, 2015
- ↑ Fox 43.com, "Hearing granted on petition to revoke probation of Lancaster County District Justice," December 11, 2014
- ↑ Pennsylvania Judicial Conduct Board, "Petition to Revoke Probation of Kelly Ballentine," December 11, 2014
- ↑ Pennsylvania Judicial Conduct Board, "Press Release Re: Kelly S. Ballentine," January 16, 2015
- ↑ Lancaster Online, "State Supreme Court upholds removal of District Judge Kelly Ballentine," February 16, 2016
- ↑ Lancaster Online, "Judge nixed her own tickets," July 14, 2011
- ↑ Lancaster Online, "District judge suspended for fixing her own parking tickets is allowed back in courtroom," June 11, 2013
- ↑ Lancaster Online, "Suspended district justice fined $1,500 for fixing own parking tickets," March 18, 2013
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania
