In re Marraccini

908 A.2d 377, 2006 Pa. Jud. Disc. LEXIS 6, 2006 WL 2846958
CourtCourt of Judicial Discipline of Pennsylvania
DecidedJuly 20, 2006
DocketNo. 2 JD 05
StatusPublished
Cited by8 cases

This text of 908 A.2d 377 (In re Marraccini) 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 Marraccini, 908 A.2d 377, 2006 Pa. Jud. Disc. LEXIS 6, 2006 WL 2846958 (cjdpa 2006).

Opinions

OPINION BY

Judge SPRAGUE.

I.INTRODUCTION

The Judicial Conduct Board (Board) filed a Complaint with this Court on February 16, 2005 against Magisterial District Judge Ernest L. Marraccini (Respondent) in which the Board charges Respondent with three violations of the Pennsylvania Constitution and three violations of the Rules Governing Standards of Conduct of Magisterial District Judges all of which are based on Respondent’s conduct over a 20-30 minute period on the morning of May 25, 2004. The Board charges that Respondent’s conduct was such that subjects him to discipline under the Pennsylvania Constitution, Article V, § 18(d)(1) for six separate reasons:

1. The Respondent has violated Article V, § 18(d)(1) of the Pennsylvania Constitution by committing misconduct in office. (Count 1).
2. The Respondent has violated Article V, § 18(d)(1) of the Pennsylvania Constitution by failing to perform the duties of office. (Count 2).
3. The Respondent has violated Article V, § 18(d)(1) of the Pennsylvania Constitution by engaging in conduct which brings the judicial office into disrepute. (Count 3).
4. The Respondent has violated Rule 3A. of the Rules Governing Standards of Conduct of Magisterial District Judges which provides in part:
A magisterial district judge shall devote the time necessary for the prompt and proper disposition of the business of his office.1 (Count 4).
5. The Respondent has violated Rule 4C. of the Rules Governing Standards of Conduct of Magisterial District Judges which provides in part:
A magisterial district judge shall be patient, dignified and courteous to litigants, witnesses, lawyers and others with whom he deals in his official capacity. (Count 5).
6. The Respondent has violated Rule 4D. of the Rules Governing Standards of Conduct of Magisterial District Judges which provides in part:
A magisterial district judge shall accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to law. (Count 6).

The Board and the Respondent have submitted stipulations as to some of the facts pursuant to C.J.D.R.P. No. 502(D)(2). The Court accepted the pertinent stipulations and proceeded to trial on September 28, 2005. The Court now makes its Findings of Fact; those which have been stipulated are so designated.

II. FINDINGS OF FACT

1. Pursuant to Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania and Judicial Conduct Board Rule of Procedure 31(A)(3), promulgated by the Pennsylvania Supreme Court on March 20, 1995 (amended 1996), the Board is granted authority to determine whether [380]*380there is probable cause to file formal charges, and, when it concludes that probable cause exists, to file formal charges, against a justice, judge, or justice of the peace, for proscribed conduct and to present the case in support of such charges before the Court of Judicial Discipline. (Stipulation No. 1).

2. Since on or about December 28, 1992, the Respondent has served continuously to the present as magisterial district judge for Magisterial District 05-2-26 in Allegheny County, the Fifth Judicial District, Pennsylvania, encompassing the Townships of Elizabeth ánd Forward, and the Boroughs of Elizabeth and West Elizabeth, and with an office at Swiss Alpine Village, 250 Swiss Lane, Route 48, Elizabeth, Pennsylvania, 15037. (Stipulation No. 2).

3. On or about May 25, 2004, the Respondent presided over court for Magisterial District Judge Susan F. Evashavik, Magisterial District 05-2-08 in Allegheny County, at 2065 Ardmore Boulevard, Pittsburgh, Pennsylvania, 15221. (Stipulation No. 3).

4. Judge Evashavik’s magisterial district includes Edgewood Borough.

5. Respondent substituted (“covered”) for Judge Evashavik that day at her request. She made the request by telephone about a week earlier at which time it was agreed that Respondent would arrive at 9:30 a.m. (N.T. 184-85). He had covered for her predecessor before but never for Judge Evashavik. (N.T. 186). Respondent had covered for other magisterial district judges 51 times in 2003 and 31 times in 2004. (N.T. 183).

6. Judge Evashavik’s office had scheduled thirty-three traffic cases for 9 a.m. that morning. All thirty-three cases had been filed by the Edgewood Borough Police Department.

7. When Respondent arrived at Judge Evashavik’s court shortly before 9:30 a.m. she was waiting at the rear entrance and they engaged in some conversation after which she told him that “the chief would be there as the reader because the officers weren’t going to show.” (N.T. 187, 219, 227).

8. On several occasions both before and after Respondent opened court, Chief Paul Wood of the Edgewood Borough Police Department told Respondent that under the rules he couldn’t dismiss or “throw out” a case just because the officer doesn’t show and that he would be reading the cases. (N.T. 42, 46, 49, 62-63, 66-67, 103, 187-89, 193). ' Respondent warned the Chief that he might just throw out all of the cases (N.T. 189) and told him that he knew the rules. (N.T. 193).

9. The rule to which Chief Wood was referring was Pennsylvania Rule of Criminal Procedure No. 454(B) which provides:

If the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the issuing authority shall try the case in the same manner as trials in criminal cases are conducted in the courts of common pleas when jury trial has been waived; however, in all summary cases arising under the Vehicle Code or local traffic ordinances, the law enforcement officer observing the defendant’s alleged offense may, but shall not be required to, appear and testify against the defendant. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against the defendant.

10. Respondent obtained the citations from Judge Evashavik’s office staff and brought them to the bench. The citations were stapled together in batches of five. Since the cases were to be called in the order in which the defendants had signed [381]*381in, it was necessary for Respondent to unstaple the batches. Respondent was required to do this with his fingernails and in the course of this one of the batches fell to the floor. Officer Quinn retrieved it and put it back on the bench. (N.T. 191-92).

11. After disposing of a case filed by a state policeman (N.T. 194), Respondent called the first case of the thirty-three filed by officers of the Edgewood Borough Police Department. This case was a citation against Sterling Howard Murray charging that he had failed to stop at a stop sign; the citation had been issued by Officer Livingston of the Edgewood Borough Police Department. (N.T. 55, Board Exhibit A).

12. Respondent asked if the issuing officer was present and Chief Wood stated he was not but again told the Respondent that he was allowed to read the cases, that Judge Evashavik allowed “us” to read the cases (N.T. 62-68), that Judge Evashavik doesn’t require the issuing officer to be present nor did the law require it. (N.T. 108).

13.

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Bluebook (online)
908 A.2d 377, 2006 Pa. Jud. Disc. LEXIS 6, 2006 WL 2846958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marraccini-cjdpa-2006.