Rejecting a former magisterial district judge’s claim that sleep apnea contributed to his crude and vulgar conduct around female staff in his office, the state Supreme Court upheld the Pennsylvania Court of Judicial Discipline’s decision to remove Allan C. Berkhimer from the bench.

The Pennsylvania high court, in In Re: Allan Clifford Berkhimer, PICS Case No. 07-1263 (Pa. Aug. 20, 2007) Eakin, J.; Cappy, C.J., Castille, J., Baer, J., all concurring (14 pages) rejected Berkhimer’s contention the CJD committed an error of law in finding he brought the judicial office into disrepute through his conduct.