He could have been removed from the bench or suspended without pay.

Instead, Butler County Common Pleas Judge William Shaffer, who admitted to lengthy delays in deciding some divorce and child custody cases, will be allowed to remain on the bench without interruption with only an official reprimand.

The reprimand from the state Court of Judicial Discipline for dereliction of duty was filed last Friday. He was put on probation until July 2007. During his probationary period, he will be monitored by the state Judicial Conduct Board for any delays in adjudication that extend beyond 90 days.

Two local attorneys who had been involved in the delayed cases said this week they were stunned and dismayed by the leniency Judge Shaffer received, but would not be quoted by name.

President Judge Thomas Doerr said Tuesday it would be inappropriate for him to comment on the sanction.

Judge Shaffer's failure to act came to public light when the state Judicial Conduct Board filed four misconduct charges against him May 13. He was accused in nine cases of delays that extended for up to three years. He also was charged with failing to properly notify state court administrators of the pending cases.

The delays occurred from July 2002 to March 2005. The court noted that Judge Shaffer has kept current since March.

In a 17-page opinion issued in September, the Court of Judicial Discipline noted that the decision-making delays in the nine cases were "not justified by either factual or legal complexity of the issues."

Joseph A. Massa Jr., chief counsel for the conduct board, called the decision a vindication of the board's conclusion. He also warned that any "similar dereliction of judicial duty will be aggressively investigated and charged in the future."

Judge Shaffer's counsel, Pittsburgh attorney Vincent Grogan, was pleased with the decision.

"The court handled this sensitive situation extremely well. It reached a conclusion that was fair and impartial. The system worked," Mr. Grogan said.

At a hearing before the full court in Harrisburg Nov. 1, Judge Shaffer testified that he had been going through a divorce himself at the time he was dealing with the family court cases in question. He admitted his failure, apologized and pledged it wouldn't happen again.

In its three-page order, the court noted that except for the nine cases involved, Judge Shaffer "has performed his judicial duties in a conscientious and industrious fashion, with dignity, and with courtesy toward those who appear before him."

The court credited him because he "did not attempt to excuse his failure to act" and praised him for cooperating with the Judicial Conduct Board and apologizing for his failings.

The court issued the order late Friday and Mr. Grogan and Mr. Massa received it Monday.

The decision notes that the most troubling aspect of the case was that Judge Shaffer had filed four inaccurate semiannual reports with the Administrative Office of Pennsylvania Courts, failing to list any cases that were more than 90 days overdue.

The opinion says that Judge Shaffer, at the sanction hearing, admitted that he hadn't forgotten about the cases but that he had knowingly omitted them because he "couldn't face up to the fact that he was unable to decide them. We are satisfied that that is the truth of the matter ... "

The court wrote that the judge's failure to be upfront about his overdue cases prevented the system from working to address the problem. "As a consequence, the litigants as well as the judicial system have suffered."

The eight-member Court of Judicial Discipline is made up of a mix of lay people, attorneys and judges. One member, Superior Court Judge John Musmanno of Allegheny County, removed himself from the case.

First Published: November 25, 2005, 5:00 a.m.