In Re: Dawn Segal, Judge

173 A.3d 603
Supreme Court of Pennsylvania·Decided November 22, 2017·No. 1 EAP 2017·Published

Opinions

OPINION

CHIEF JUSTICE SAYLOR

This is a direct appeal in a judicial discipline case that resulted in Appellant’s removal from her office as, a municipal court judge in Philadelphia. The matter was, consolidated, for purposes of limited oral argument only, with In re Roca, — Pa. -, 173 A.3d 1176, 2017 WL 5619909 (2017), regarding the legal question of whether the Court of Judicial Discipline must apply the doctrine of stare decisis when sanctioning a jurist.

I. Background

In 2014, amidst a federal investigation encompassing electronic surveillance of telephone conversations in which she participated, Appellant reported to .the Judicial Conduct Board (the “Board”) that she had ex parte communications with then-. fellow-Municipal Court Judge Joseph Waters about several cases that were pending before her. The Board, which had already opened an investigation into the matter, proceeded to lodge a complaint against Appellant in the Court of Judicial Discipline (the “CJD”). The Board asserted violations of the then-prevailing Canons of Judicial Conduct, including Canon 2B (“Judges should not ... convey or knowingly permit others to convey the impression that they are in a special position to influence the judge.”), Canon 3A(4) (“Judges ... except as authorized by law, must not consider ex parte communications concerning a pending matter.”), Canon 3B(3) (“Judges should take or initiate appropriate disciplinary measures against a judge or lawyer for unprofessional conduct of which the judge becomes aware.”), and Canon 3C(1) (“Judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned, including but not limited to instances where ... they have a personal bias or prejudice concerning a party[.]”). The Board also contended that Appellant violated Article V, Section 17(b) of the Pennsylvania Constitution (“Justices and judges shall not ... violate any canon of legal or judicial ethics prescribed by the Supreme Court.”), as well as the Constitution’s Administration of Justice and Disrepute Clauses reposed in Article V, Section 18(d)(1) (“A justice, judge or justice of the peace may be suspended, removed from office or otherwise disciplined for ... conduct which prejudices the proper administration of justice or brings the judicial office into disrepute!.]”).1

A. Stipulations

The litigants stipulated to a range of factual matters, as follows.2 Appellant was a municipal court judge in Philadelphia beginning in January 2010, subject to the obligations imposed upon her by the Code of Judicial Conduct and the Pennsylvania' Constitution. She became acquainted with then-municipal-judge Waters at campaign events in 2009 and came to believe he was influential in political circles.

Unbeknownst to Appellant and Waters, the FBI conducted electronic surveillance on Waters.and recorded conversations between the two on September 30, 2011, as well as on June 23, June 24, June 29, July 23, and July 24, 2012. In the 2011 call, in relation to a small-claims case entitled Houdini Lock & Safe Co. v. Donegal Investment Property Management Services, SC-11-08-09-4192 (Phila. Mun. Ct), Waters entreated Appellant to extend a favorable ruling to the defense, as follows:

Waters: I got something in front of you at 1:00 today.
Appellant: Okay. Tell me, What is it?
Waters: The name’s Donegan. Okay?
Appellant: Okay.
Waters: Ah, it’s ... it’s something to do with an alarm company. Sammy Kuttab and Sonny Campbell will be there.
Appellant: Okay....
Waters: You know Sam?
Appellant: And who do we need? ..,
Waters: [W]e got .,, the defendant, Donegan. ...
[Appellant]: Oh, okay. Okay.
[Waters]: Alright?
[Appellant]: Say no more. Say no more. Alright.

Stipulation ¶ 31.

Later that day, defense counsel in the Houdini matter filed a contested motion for a continuance, which Appellant granted, while directing that the case thereafter proceed to trial without further delay. See id. ¶¶ 33-34.- Appellant then phoned Waters to inform him she had continued the matter, indicating that “I did the best I could.” After Waters’ affirmations and expression of gratitude, Appellant added that it was “[a]ll for you. Anything. Alright.”.M ¶ 36.

Pertaining to another small-claims civil case captioned City of Philadelphia v. Rexach, CE-12-03-73-0123 (Phila. Mun. Ct.), Waters informed Appellant that a friend had filed before Appellant a petition for reconsideration relative to Appellant’s previous refusal to open a default judgment. After the two spoke further about the matter in person, they engaged in the following recorded phone conversation on July 1,2012:

Appellant: Hi, I figured it out and I took care of it.
Waters: Oh, okay. Thank you.
Appellant: I got it. Alright. It was on my um, queue, so I did' it.' So tell her it’s done.
Waters: Thank you very much ■.'...

N.T., Jan. 28, 2016, at 70 & Ex. 8d.3

Notably, the party who was the subject of Waters’ solicitation is the son of former common pleas judge Angeles Roca, the appellant in the companion case. See Stipulation ¶ 52.4 The Stipulation reflects, however, that at the time of the conversations, Appellant did not have a personal relationship with Roca, nor did she know that Rexach was Roca’s son. It also explains that Rexach had not initially alleged a meritorious defense in his petition to open the default judgment, but he did so at the reconsideration stage. See id. ¶¶ 53-58.

On July 23, 2012, concerning a criminal case, Commonwealth v. Khoury, No. MC-51-CR-0018634-2012, Appellant engaged in the following recorded interchange with Waters:

Waters: ... Look Dawn, you got a case tomorrow with a Rich ... eh .Rich Khoury. Skip Fuschino is representing him.
Appellant: Okay.
Waters: See if you can take a good hard look at it. He’s ah ... ah ... ah ... ah, a friend of mine.
Appellant: Khoury is it? Khoury’s a friend of yours?
Waters: Yeah, Rich Khoury ... ah ... Skip Fuschino. Don’t hurt yourself, but if you can help him, I’d appreciate it.
Appellant: No, I will, if he’s a friend of yours. I’ll look hard at the ease. Don’t worry about it.

Stipulation ¶ 77.

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In Re: Dawn Segal, Judge, 173 A.3d 603 (Pa. 2017).

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