A Cambria County district judge who was cited by the State Court of Judicial Discipline for using inappropriate language in his office and misusing his staff and equipment was permanently removed yesterday from that position.

Allan C. Berkhimer was out to lunch yesterday when his attorney called to tell him of the court's 6-1 ruling. Berkhimer, a district judge for 18 years, returned to his Salix office, told his employees what had happened, thanked them for working with him and left.

"I'm absolutely stunned," Berkhimer said. "Everything involved in this case has been exaggerated and inflated."

The charges stemmed from complaints that Berkhimer made sexually suggestive comments to his staff, used vulgar language with them and would show them pictures of naked women online.

Berkhimer also was found to have used his employees to send out what he called congratulatory "quickie notes" to his constituents when they were mentioned in the local newspaper.

Joseph A. Massa Jr., the chief counsel for the state judicial conduct board who prosecuted the case, said that with the court's ruling, the system won.

"His conduct was so egregious, such an affront to the dignity of the judiciary," Massa said.

In April, the court said Berkhimer's conduct was "so persistent, so pervasive, so inescapable, so diminishing of his office, and so extreme that we conclude that disrepute was brought upon [the] office itself."

In its order yesterday, the court ruled that Berkhimer should be removed from office because of the nature of his conduct, his lack of remorse, his failure to cooperate in the investigation, and because he'd been sanctioned in the past.

Berkhimer was reprimanded in 2003 for influencing a police officer to change a man's citation for public drunkenness and disorderly conduct. That case was before a different magistrate.

Berkhimer, 51, took issue with the court's ruling that he did not cooperate in the case and that he has shown no remorse.

"I've apologized to the court and to everyone involved," he said.

At his sanctioning hearing last month, Berkhimer blamed his lewd behavior on sleep apnea, and mentioned it could also be related to the death of his sister and the breakup of a long-term romantic relationship.

In his failed election bid last month, Berkhimer sent a note out to his constituents apologizing for his actions and assuring them that he'd corrected his questionable behavior.

"Somebody with a more serious criminal charge would have gotten a fairer shake than I did," Berkhimer said.

One judge agreed with that. Marc Sandler dissented from the majority opinion, stating that Berkhimer should have received a six-month suspension without pay.

"I believe that is a sanction too harsh in the circumstances of this case," Sandler wrote. "While [Berkhimer's] conduct was unquestionably rude, and even nasty, it was not criminal, and there was no implication made that his service to the citizens of his magisterial district was other than competent and conscientious."

In the primary election, Berkhimer lost to police officer Rick Varner, which means he would have left office at the end of this calendar year.

He now must decide if he should appeal the court's decision removing him from office.

"The problem is, the clock is running," Berkhimer said.

Robert H. Davis Jr., Berkhimer's attorney, said they must file an appeal within 30 days of the court's order.

It's rare for a judge to be removed from office. In 2004, out of 45,000 judicial officers in the United States, just 18 were removed, according to the American Judicature Society. Three of those were from Pennsylvania, Massa said.

The cases currently pending in Berkhimer's court will now have to be continued, he said, until Cambria County President Judge Gerard Long reassigns them.