In Re Joyce

712 A.2d 834, 1998 WL 175750
CourtCourt of Judicial Discipline of Pennsylvania
DecidedFebruary 18, 1998
Docket2 JD 97, 3 JD 97
StatusPublished
Cited by28 cases

This text of 712 A.2d 834 (In Re Joyce) is published on Counsel Stack Legal Research, covering Court of Judicial Discipline 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 Joyce, 712 A.2d 834, 1998 WL 175750 (cjdpa 1998).

Opinions

MESSA, Judge.

These cases come to us on stipulated facts which arise out of separate but very similar occurrences. The charges against the Respondents are the same. We will make separate Findings of Fact and Conclusions of Law for each Respondent; but, since the same principles of law and judicial ethics will govern our analysis of the conduct of both Respondents and its import, we consolidate our discussion of these principles in this Opinion.

I. INTRODUCTORY SUMMARY— JOYCE, D.J.

The Judicial Conduct Board (Board) filed a Complaint with this Court against District Justice Dennis Robert Joyce (Respondent). The Complaint consists of ten Counts based upon allegations that the Respondent improperly placed two telephone calls to influence the outcome of two cases. The first call was made on March 23,1993 to Walter “Bo” Cross, the supervisor of the Statutory Appeals Unit of Allegheny County, and is the subject of Part A, paragraphs 4-14 of the Complaint, and Counts 1-5. The second call was made on May 20,1993 to District Justice Jules Melograne, the District Justice serving Magisterial District Number 05-2-17, and is the subject of Part B, paragraphs 16-26, of the Complaint and Counts 6-10. Counts 3 and 8 have been withdrawn by the Board.

The Board and the Respondent have submitted stipulations of fact in lieu of trial [836]*836under C.J.D.R.P. No. 502(D)(1), and a waiver of trial. The Court hereby accepts those stipulations of fact in pertinent part, recited below, as the facts necessary for disposition of this case.

II. FINDINGS OF FACT—JOYCE, D.J.

1. INTRODUCTORY

1. The Judicial Conduct Board (Board) is empowered by Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania to file formal charges alleging ethical misconduct on the part of judges, justices or justices of the peace and to present the case in support of the formal charges before the Court of Judicial Discipline.

2. District Justice Dennis Robert Joyce (Respondent) is the duly elected district justice serving Magisterial District 05-2-23. Magisterial District 05-2-23 encompasses the Boroughs of Carnegie, Crafton, Ingram, Pennsbury Village, Rosslyn Farms, and Thornburg in Allegheny County.

3. Respondent commenced his judicial service on or about January 4, 1982. Respondent continues to serve as the district justice at the present time.

2. PARTA

4. On or about November 10, 1992, Trooper Vaughn of the Pennsylvania State Police issued two traffic citations to Michael F. Moran (Moran) alleging that Moran had violated Sections 3334 arid 4703 of the Pennsylvania Vehicle Code.

5. After Moran paid the required security, a hearing was scheduled before Senior District Justice Nicholas A. Diulus on February 4,1993.

6. Moran failed to appear at the time set for the hearing and, in his absence, Senior District Justice Diulus found him guilty and imposed sentences of fines and court costs.

7. On or about February 8, 1993, Moran filed a notice of appeal pursuant to Pa.R.C.P. 86.

8. At that time, appeals from summary convictions in Allegheny County were heard by Statutory Appeals Unit located in courtroom number 822, Eighth Floor, City-County Building, Pittsburgh, Pennsylvania 15219. Walter (“Bo”) Cross was the supervisor of the Statutory Appeals Unit.

9. Moran’s appeal was heard in the Statutory Appeals Unit before Common Pleas Court Judge Raymond L. Scheib presiding on March 22,1993.

10. Prior to that date Respondent called Walter Cross and stated that Moran was scheduled to appear before Judge Scheib for a hearing and that Moran was the brother of a district justice. The call by the Respondent was made in order to influence the outcome of, and impact favorably upon Moran’s appeal.

11. At the conclusion of the hearing on March 22, 1993, Moran was found guilty of both charges.

12. Subsequent to that date, Respondent became aware that Moran had been found guilty. On or about March 23, 1993, the Respondent placed a telephone call to Walter Cross regarding the appeal of Moran. At that time, the Federal Bureau of Investigation was conducting an investigation of allegations concerning the Statutory Appeals Unit of Allegheny County and recorded that conversation by the use of interceptive devices and prepared a transcript of that conversation as follows:

Incoming Call

WALTER V. CROSS: Scheib’s.”
DENNIS JOYCE: “Uh, is Bo there?”.
CROSS: “SpeaMn.”
JOYCE: “Bo, Dennis Joyce.”
CROSS: “Yes.”
JOYCE: “How are you?”
CROSS: “Wonderftd! How you doin’?”
JOYCE: “Okay.”
CROSS: “What’s up?”
JOYCE: “Uh ... ya had a hearing yesterday on a Michael Moran?”
CROSS: “Moran?”
JOYCE: ‘Yeah.”
CROSS: “Okay.”
JOYCE: “M-o-r-a-n.”
CROSS: “All right.”
[837]*837JOYCE: “And I had, uh ... uh, mentioned it to you before.”
CROSS: “Yeah. All right, hold on for one minute, okay?”
JOYCE: “Okay.”
(Lengthy pause)
CROSS: “Hello, Justice.”
JOYCE: “Yeah.”
CROSS: “Think that was, they let that one slip through, I think. That was, uh ... Trooper Vaughn was on there. State trooper?”
JOYCE: “I’m not sure, uh, yeah.”
CROSS: “Michael F. Moran?”
JOYCE: “Yeah.” (HQ-
CROSS: “Okay, I—think he might have find him guilty.”
JOYCE: “Yeah.”
CROSS: “You wanted him helped, right?”
JOYCE: ‘Teah.”
CROSS: “Okay. Uh—”
JOYCE: “His brother’s the district justice up in Altoona.”
CROSS: “Okay, there’s no problem. Is— the kid’s from down here?”
JOYCE: “Yeah.”
CROSS: “Okay, could you reach him?”
JOYCE: “Uh, I can reach his brother. Is what I—I don’t—I c—I don’t—I can’t reach him—”
CROSS: “All right.”
JOYCE: “—but I can reach his brother, who can get a’hold of him, yeah.”
CROSS: “Tell him to get a’hold of him and come in here. Uh, we’ll file the post-trial motions, all right?”
JOYCE: “Okay.”
CROSS: “And nobody—there’s nobody here when they file post-trial motions. He has ten days from yesterday to do it.”
JOYCE: “Okay.”

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Bluebook (online)
712 A.2d 834, 1998 WL 175750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joyce-cjdpa-1998.