dissenting.
I must dissent to the disposition of this matter by the majority. Although I can agree that the record is woefully deficient in clear and convincing evidence to establish that Judge Braig acted improperly in accepting gifts from a known corrupting source, I fear our exoneration of Judge Braig at this time, without further investigation, will be misperceived by the public and lessen confidence in the integrity of our judiciary and its ability to police one another. Especially so since Judge Braig currently faces federal criminal charges arising out of circumstances closely paralleling the charges considered by the Judicial Inquiry and Review Board and this Court.
I would remand this matter to the Judicial Inquiry and Review Board to investigate further and determine the source of the funds used by Mr. Traitz to shower gifts upon Judge Braig over the years. Were these funds Union funds or personal funds of Mr. Traitz? Did Judge Braig, over the years of family friendship with Traitz, know the source of these funds or, under all the circumstances surrounding the corrupting influence of Mr. Traitz upon many colleagues of Judge Braig, should Judge Braig have known that he was being drawn into a situation by his “friend” which could only raise the spectre of gross impropriety? As the saying goes, with friends like that, who needs enemies?
The public and Judge Braig are equally entitled to a full and complete airing of all the facts surrounding the giving and receipt of cash and gifts from an importuning source. The dismissal of charges against Judge Braig on the grounds of insufficient evidence leaves much to be desired. Perhaps we must stay content with the realization that Judge Braig will remain off the bench under order of this Court while the federal charges are pending.