Goodwine v. Pennsylvania Board of Probation and Parole

In Goodwine v. Pennsylvania Board of Probation and Parole, 960 A.2d 184 (Pa. Cmwlth. 2008), the issue was whether a common pleas judge may choose to sit as a magisterial district judge without the express permission of the president judge of his court. In holding that a common pleas judge may decide on his own to sit as a magisterial district judge, the Court explained: Because judges have the inherent power to sit as district justices for a criminal matter, once misdemeanor and felony charges have been resolved, common pleas judges can then sit as district justices in disposing of the remaining summary charges. To hold otherwise would raise serious constitutional questions of due process and equal protection involving a liberty interest because it would mean that a parolee found guilty of a summary offense by a common pleas judge would lose years of street time while a parolee found guilty by a district justice would not. Id. at 188.