In Re Angeles Roca First Judicial District Philadelphia County

173 A.3d 1176
CourtSupreme Court of Pennsylvania
DecidedNovember 22, 2017
Docket42 EAP 2016
StatusPublished
Cited by27 cases

This text of 173 A.3d 1176 (In Re Angeles Roca First Judicial District Philadelphia County) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Angeles Roca First Judicial District Philadelphia County, 173 A.3d 1176 (Pa. 2017).

Opinions

OPINION

CHIEF JUSTICE SAYLOR

This is an appeal from an order of the Court of Judicial Discipline (the “CJD”) removing Appellant from office. One issue we' are asked to address is whether that tribunal must apply the doctrine of stare decisis when sanctioning a jurist.

I. Background

The underlying facts were developed at trial before the CJD and via stipulation.1 At all relevant times Appellant served as a Philadelphia common pleas judge iri the family division. Her term overlapped with those of former Philadelphia Municipal Court Judges Joseph Waters and Dawn Segal.2 During this period, the FBI was investigating Waters’ activities; the investigation included wiretap surveillance of his telephone communications. Several conversations between Waters and Appellant were recorded in 2011 and 2012.

In September 2011, Appellant called Waters regarding Judge Adam Beloff.3 In the call, Appellant told Waters that the son of a court employee was to appear before Beloff on drug charges and asked whether Beloff would be receptive to discussing that case ex parte, to which Waters responded in the affirmative. Appellant then confirmed that she had BelofPs phone number, and Waters stated that he would speak with Beloff in person. See Board Exh. 17, transcript, at 1-2.

In June 2012, Appellant asked Waters for advice on how her son, Ian Rexach, should proceed relative to a tax judgment. By way of background, Rexach owned a barbershop in Philadelphia. The city filed a code enforcement complaint against him for failure to pay the city’s business privilege tax. When he did not appear for the hearing, a $5,000 default judgment was entered against him. He filed a pro se petition to open the judgment, which was denied due to the lack of a meritorious defense. Thereafter, a phone conversation occurred between Appellant and Waters, which included the following excerpt:

Appellant: I have a question ... Can you file a motion for reconsideration with [Segal]?
Waters: Yeah. You file a Motion for Reconsideration with her and I’ll talk to her.
Appellant: Huh?
Waters: I said file a Motion for Reconsideration with her and I’ll talk to her.
Appellant: Okay.
Waters: Why didn’t you call me first?
Appellant: Because I didn’t know it was late, so I just sent him over and I said, “Just go open it.” I didn’t know it was beyond the 30 day period. Otherwise, I would have called.
Waters: Yeah.
Appellant: It was on May 15th and he wrote in the petition, “I apologize I got this mixed up with another court date in Municipal Court,” and then he wrote, “I wish to reopen my case so that I can resolve this matter and make payments.” The bitch denied it. That’s a pretty good ... [laughs] ... I mean it’s not a legal defense, but give me a break.

Stipulation ¶ 19. From the above, Appellant understood that Waters would talk to Segal about the petition in her son’s case. Appellant did not attempt to dissuade him from doing so. See id. ¶ 20.

Appellant learned that Segal would not be presiding over these types of petitions after June 29, 2012. Seeking to ensure that Segal presided over her son’s petition, on June 29, 2012, Appellant called Waters to encourage him to intervene, as follows:

Appellant: Do you have [Segal’s] number?
Waters: Who?
Appellant: Dawn Segal.
Waters: Uh.
Appellant: He [Rexach] just filed for reconsideration. They said she [Ségal] does 'em right today. So we need to call her today.
Waters: Oh. Okay. I’ll call Dawn right now. All right.
Appellant: It’s Ian Rexach. She said call Monday and by Monday she [Segal] would have already decided the decision [sic].
Waters: All right. What’s his name?
Appellant: It’s Ian Rexach....
Waters: ... I’ll call her right now. Appellant: And it was a Motion for Reconsideration. All right?
Waters: All right. Bye-bye.
Appellant: Thank you ....

Id. II27. From this conversation, Appellant understood that Waters would call Segal on behalf of Appellant’s son in regard to the petition for reconsideration. See id. ¶ 28.

That day, Segal reviewed the petition for reconsideration and issued a rule to show cause why the relief requested should not be granted. Although Segal did not preside over Rexach’s case thereafter, on July 1, 2012, she called Waters to advise him that she “took care of it” and to “tell her it’s done.” Waters then called Appellant and left a voice message stating that Segal had just stated that “she took care of that thing,” i.e., Rexach’s petition for reconsideration. Waters again called Appellant and discussed the matter, confirming that it had been “taken care of’ by-Segal. Appellant responded, “All right. Cool. Thanks.” The default judgment against Rexach was ultimately vacated and the case against him was withdrawn upon his payment of $477 in taxes. Id, ¶¶ 30-39.

In 2013, FBI agents interviewed Appellant in the presence of her attorney. During the interview, Appellant denied that judges call each other asking for favors. She stated, “We don’t do that here at all.” Stipulation ¶ 41. She added that she would never call another judge to request a favor for a family member. See id. ¶¶ 42-43. Further, when asked in the interview what she would do if a family member was in trouble, Appellant stated that “they would be on them own.” N.T., Sept. 8, 2016, at 187.

In March and May of 2015, the Judicial Conduct Board sent Appellant informal letters of inquiry concerning her contacts with other judges. At the time, Appellant was unaware that her conversations with Waters had been recorded. In her written responses, Appellant made several representations which were inconsistent with the content of the recorded phone conversations. For example, she indicated that: she only had one conversation with Waters, limited to procedural advice about a petition for reconsideration in the City of Philadelphia v. Rexach matter; after advising her son to file a motion for reconsideration, she had no further contemporaneous knowledge about the case; she never requested preferential treatment in the Rexach case and, to her knowledge, none was given; Waters never offered to request special - consideration from Segal; Appellant was not aware of whether Waters actually had contacted Segal, and if Waters did contact Segal, it was without Appellant’s knowledge. See id. ¶¶ 44-55.

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Cite This Page — Counsel Stack

Bluebook (online)
173 A.3d 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angeles-roca-first-judicial-district-philadelphia-county-pa-2017.