Robert J. Murphy v. United States District Court for the Eastern District of Pennsylvania

Where petitioner sought removal in 2010 of unelected administrative Workers’ Compensation judges involving their actual or apparent improprieties involving admitted, unrecorded “ex-parte communi­ cations” with opposing counsel without presence of petitioner involving pending Workers’ Compensation proceedings pursuant to exclusively applicable “Code of Ethics; Removal of Workers’ Compensation Judges” 77 P.S. 2504 and nine years later Pennsylvania discipli­ nary proceedings expressly refused to decide whether 2010 removal proceedings were “ex parte communi­ cations” suspending petitioner from Pennsylvania Bar for five years based on clearly erroneous admittedly unconstitutional newly enacted 2014 Pennsylvania Judicial Code, did court clearly err imposing identical reciprocal discipline for the first time after thirteen years because state disciplinary decision unconsti­ tutional reliance on 2014 Judicial Code constitutes harmless error because Workers’ Compensation judges’ communications were not “ex parte communications” based on admittedly inapplicable 207 Judicial Cannon 3(A)(4) (2010) and therefore not “improper” clearly contrary to this Court’s and all federal circuit and district court and Pennsylvania Supreme Court decisions in violation of petitioner’s constitutional rights under First, Fifth, Sixth and Fourteenth Amendments.

Where state disciplinary complaint was not filed until July 27, 2017 over petitioner’s repeated objections involving petitioner’s alleged violation of Pennsylvania Disciplinary Rules in 2010 causing indisputable unconstitutional prejudicial delay clearly contrary to Pennsylvania Disciplinary Board rules including 85.10 expressly prohibiting disciplinary proceedings based