Guarino v. Larsen

11 F.3d 1151, 1993 WL 490847
CourtCourt of Appeals for the Third Circuit
DecidedNovember 30, 1993
DocketNo. 93-1365
StatusPublished
Cited by99 cases

This text of 11 F.3d 1151 (Guarino v. Larsen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guarino v. Larsen, 11 F.3d 1151, 1993 WL 490847 (3d Cir. 1993).

Opinions

OPINION OF THE COURT

BECKER; Circuit Judge.

This is an appeal by the Justices of the Supreme Court of Pennsylvania and their statewide court administrator Nancy M. So-bolevitch from an injunction issued against them by the district court for the Eastern District of Pennsylvania. The order required these defendants to reinstate the plaintiff Angelo A. Guarino, a retired judge of the Court of Common Pleas of Philadelphia County, to the status of senior judge, and mandated that they refrain from refusing Judge Guarino future judicial assignments on account of certain practices that he had utilized in dealing with perceived recalcitrant jurors. Judge Guarino had sued the justices and Ms. Sobolevitch ‘ in the same district court under 42 U.S.C. § 1983, alleging that they had unconstitutionally infringed both his property right in continuing to perform judicial duties and his liberty interest in his' reputation which, he says, the justices impugned by the manner in which they “removed him” from office on November 10, 1992.

Because the removal was effected peremptorily, without a hearing, and not by what he believes to be the only permissible procedure under Pennsylvania law for removal of a judge, i.e., proceedings before the Judicial Inquiry and Review Board (JIRB), Judge Guarino alleges that he was deprived of due process of law under the Fourteenth Amendment. The district court, rejecting challenges to its subject matter jurisdiction, and also the contention that it was obliged to abstain under the doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d [1153]*1153669 (1971), agreed with Judge Guarino. Accordingly, it entered the injunction which is challenged on this appeal.

Focusing our attention on the hierarchial administrative structure of the Pennsylvania court system under the Judicial Article of the Pennsylvania Constitution, the defendants point to the absolute fight of the justices to assign or not assign any retired judge to senior judge duties for any reason (or for that matter no reason, absent an invidiously discriminatory one). As a result, they submit that the notion that Judge Guarino had a property interest in sitting as a judge is fanciful. They also contend that they did not infringe his liberty interest in his reputation, observing that they had publicly lauded Judge Guarino for his dedicated service to the judiciary, and that any putative damage to his reputation had been effected by media publicity over which they had no control. Additionally, they argue that Judge Guarino was not removed as that term is used in proceedings before the JIRB. These arguments are most persuasive, and we are strongly tempted to reach the merits and dispatch the case on these grounds.

The lower federal courts are, however, courts of limited jurisdiction, sometimes even over federal constitutional matters, and we are obliged to examine our jurisdiction before making merits determinations. On this issue we are satisfied that the so-called Rooker-Feldman doctrine deprived the district court (and us) of jurisdiction over this matter for, under that doctrine and under the facts, Judge Guarino’s sole recourse was to the United States Supreme Court.

The applicability of Rooker-Feldman depends upon the Pennsylvania Supreme Court having acted in an adjudicative rather than in an administrative capacity in revoking Judge Guarino’s senior judge assignment. At first blush it seems counter-intuitive to assert that the court acted in an adjudicative manner, since the court’s initial action in abrogating Judge Guarino’s assignment was made pursuant to its veritable absolute power of superintendence over the Pennsylvania judiciary to which we have referred. The matter is complicated, however, by the fact that on February 26, 1993, the court served upon Judge Guarino an order to show, cause at a March hearing why it should change its decision to revoke his assignment. Judge Guari-no declined to appear at that hearing, proceeding instead with his previously filed federal court action, a decision apparently animated by a prior decision of this court suggesting that an appearance before the Pennsylvania Supreme Court- would undermine the jurisdictional basis for his federal action. On March 10th, the Pennsylvania Supreme Court issued an order reaffirming its November decision after finding that Judge Guarino had no property right in his position.

We hold that, while the November 10, 1992, order revoking Judge Guarino’s assignment was not adjudicative in and of itself, the March order which reached conclusions of law converted the actions of the justices into an adjudication, ' interposing Rooker-Feld-man as a jurisdictional bar to Judge Guari-no’s federal court action. While the March order did not specifically address Judge Guarino’s constitutional claims, it did in essence decide his property-based due process claim by deciding that he had no property right to his position. Moreover, Judge Guar-ino waived his liberty-based due process claim by failing to attempt to present this claim to the Pennsylvania Supreme Court. The other requisites of Rooker-Feldman not being in dispute, we will , vacate the order of the district court and remand the case to the district court with instructions to dismiss it for lack of subject matter jurisdiction.

I. FACTS AND PROCEDURAL HISTORY

A. Background Facts

After serving for seventeen years on the Philadelphia Court of Common Pleas, Judge Guarino retired upon his 70th birthday as required by the Pennsylvania Constitution, Article V, Section 16(b). He then applied for designation as a senior judge. After defendant Sobolevitch, Court Administrator of the Administrative Office of the Pennsylvania Courts, certified that he met the requirements for senior status under Rule 701 of the Pennsylvania Rules of Judicial Administration, the Pennsylvania Supreme Court desig[1154]*1154nated him with that status. The court assigned Judge Guarino for a one month term beginning on March 24, 1991, and renewed that assignment for each month through November of 1992. The only exception was a ten day period in April of 1992.

It is undisputed that the court delayed renewal of Judge Guarino’s assignment for that ten day period in April 1992 as a result of its concerns about a class action suit that had been filed on March 19, 1982, against Judge Guarino in the United States District Court for the Eastern District of Pennsylvania. (Testimony of Nancy Sobolevitch, A-100, 101). The named plaintiffs in Levy v. Guarino, Civil Action No. 92-1609, included two persons who Judge Guarino thought had attempted to avoid jury duty by giving false answers during voir dire. As punishment, Judge Guarino had required these venireper-sons to return to the courtroom for an additional day as a form of alternate service. The two venirepersons, who sued on behalf of a class of persons who would be present in future jury venires before Judge Guarino, asserted that Judge Guarino had violated their First, Fourth and Fourteenth Amendment rights.

On April 8,1992, the parties entered into a stipulation pursuant to which Judge Guarino promised not to require venirepersons who had not been selected for a jury to return to his courtroom nor to punish venirepersons without due process of law.

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11 F.3d 1151, 1993 WL 490847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guarino-v-larsen-ca3-1993.