ERIE, Pa.—The Pennsylvania Supreme Court must decide whether an Erie district judge who pleaded guilty to disorderly conduct for waving a gun during a traffic dispute should have also been censured by the Pennsylvania Court of Judicial Discipline.

The court last year opted not to sanction District Judge Tom Carney, saying his behavior didn't affect his on-the-job "decision-making duties." But the Erie Times-News ( http://bit.ly/QnpySs) says the Judicial Conduct Board, which prosecutes alleged misconduct, has appealed and will address the high court Wednesday in Pittsburgh.

Carney was fined $541 and had more serious charges including terroristic threats and simple assault dropped in the Jan. 11, 2009 incident on Interstate 79 in Mercer County.

Carney had a permit to carry the gun and denied pointing it at the occupants of another car, but acknowledged waving the weapon during a moving traffic dispute.

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Information from: Erie Times-News, http://www.goerie.com