In re Thomasine Tynes Former Judge Philadelphia Traffic Court Philadelphia County

149 A.3d 452, 2016 Pa. Jud. Disc. LEXIS 58, 2016 WL 6988881
CourtCourt of Judicial Discipline of Pennsylvania
DecidedNovember 15, 2016
DocketNo. 7 JD 15
StatusPublished
Cited by1 cases

This text of 149 A.3d 452 (In re Thomasine Tynes Former Judge Philadelphia Traffic Court Philadelphia County) 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.

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In re Thomasine Tynes Former Judge Philadelphia Traffic Court Philadelphia County, 149 A.3d 452, 2016 Pa. Jud. Disc. LEXIS 58, 2016 WL 6988881 (cjdpa 2016).

Opinion

[454]*454OPINION BY

JUDGE BARTON

I. INTRODUCTION

Former Philadelphia Traffic Court President Judge Thomasine Tynes (“Respondent Tynes”) appears before this Court pursuant to a complaint filed by the Judicial Conduct Board (“Board”) on April 14, 2015. The underlying disciplinary allegations relate to federal and state criminal convictions arising from acts that took place during periods that Respondent Tynes was a judicial officer. Respondent Tynes was sentenced to federal prison in December of 2014, and served her sentence at Federal Medical Center Carswell, Texas. Because her counsel was unable to effectively communicate with her during this period, and concerns about her health, the trial was deferred.1 On August 3, 2016, with Respondent Tynes’ release from federal custody impending, the Court determined that since Respondent Tynes no longer held judicial office the matter should proceed despite the pendency of a direct appeal of her federal conviction and a Post Conviction Relief Act (“PCRA”) petition pending seeking to attack her state conviction. Respondent Tynes requested further deferral because of these appeals, which was denied.

A pretrial conference was held on October 7, 2016, and afterwards the parties agreed to stipulations such that no trial is necessary to determine the facts of this case. Those stipulations were filed with the Court on October 31, 2016.

II. THE BOARD’S COMPLAINT

The Board’s complaint has its genesis in two criminal convictions. First, the Board’s complaint recites that Respondent was convicted on June 23, 2014, of two counts of perjury2 for her false testimony before a federal grand jury investigating her role in providing preferential treatment to favored defendants appearing before the Philadelphia Traffic Court.

Second, the complaint recites that Respondent was the subject of a Pennsylvania state prosecution in Philadelphia County during 2014 for her illegal acceptance of an item of jewelry during her tenure as the President Judge of the Traffic Court. In the Pennsylvania state case Respondent Tynes entered a negotiated guilty plea to one count of accepting improper influence.3

The Board’s complaint includes two counts. Count 1 contains two distinct allegations. First, it alleges that Respondent’s federal conviction violated Article V, § 18(d)(1) of the Pennsylvania Constitution, which provides that “a justice, judge or justice of the peace may be suspended, removed from office or otherwise disciplined for conviction of a felony.” PA. Const, art. V, § 18(d)(1). Second, it alleges a similar violation for Respondent’s state felony conviction.

Similarly, Count 2 also contains two distinct allegations. First, it alleges that because of Respondent Tynes’ federal conviction, she has brought the judicial office into disrepute, In violation of Article V, § 18(d)(1) of the Pennsylvania Constitution. This violation of Section 18 is prem[455]*455ised upon the language in the Constitution that “a justice, judge or justice of the peace may be suspended, removed from office or otherwise disciplined for ... conduct which ... brings the judicial .office into disrepute, whether or not the conduct occurred while acting in a judicial capacity or is prohibited by law.” PA. CONST, art. V, § 18(d)(1). Second, it makes the same allegation for Respondent Tynes’ state felony conviction.

III. JOINT STIPULATIONS & FINDINGS OF FACT

Respondent Tynes and the Judicial Conduct Board have entered into Joint Stipulations of Fact and Conclusions of Law pursuant to C.J.D.R.P. Ño. 502(D) and (E).4 The Court has reviewed the stipulations of fact and accepts them as all of the facts necessary for the disposition of this case. The Joint Stipulations which we adopt as our findings of fact, are as follows: 5

1. This action is taken by the Board pursuant to the authority granted to it under Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania to determine whether there is probable cause to file formal charges alleging violation of the Constitution of the Commonwealth of Pennsylvania on the part of judges, justices, or justices of the peace; to file such charges when warranted; and to present the case in support of such charges before this Court.

2. From approximately January 1990, until her retirement on July 3, 2012, Respondent Tynes served as a judge of the Philadelphia Traffic Court (PTC).

a.From March 2005 until her retirement, Respondent Tynes served as the President Judge of the PTC.

3. As a PTC judge, Respondent Tynes was at all times subject to all the duties and responsibilities imposed on her by the Constitution of Pennsylvania and the Old Rules Governing Standards of Conduct of Magisterial District Judges, as applicable to PTC judges (effective through November 3,2014).

4. Prior to her retirement from judicial service, Respondent Tynes was the subject of a federal grand jury investigation regarding her participation in the practice of giving favorable treatment in traffic court cases to certain defendants based upon ex parte requests.

a. This practice became known as “special consideration.”

b. Respondent Tynes was alleged to have participated in the practice of “special consideration” while she was a PTC judge.

c. On October 4, 2011, while she was still a sitting PTC judge, Respondent Tynes testified before the federal grand jury.

5. At United States v. Michael J. Sullivan, Michael Lowry, Robert Mulgrew, Willie Singletary, Thomasine Tynes, Mark A. Bruno, William Hird, Henry P. Alfano, and Robert Moy, 2:13-cr-00039-RK, the grand jury indicted Respondent Tynes and her co-defendants bn January 29, 2013.

6. The indictment charged Respondent Tynes with one felony count of conspiracy to commit wire and mail fraud, 18 U.S.C. § 1349; seven felony counts of wire fraud, 18 U.S.C. § 1343; three counts of mail [456]*456fraud, 18 U.S.C. § 1341; and two felony-counts of perjury, 18 U.S.C. § 1623.

7. Following indictment, Respondent Tynes, and her co-defendants proceeded to jury trial in the United States District Court for the Eastern District of Pennsylvania on May 26, 2014.

8. On July 23, 2014, following trial, the jury convicted Respondent Tynes of two counts of perjury for her false testimony before the federal grand jury.

9. On December 4, 2014, Judge Lawrence F. Stengel sentenced Respondent Tynes- to 24 months in prison on each count of perjury, to be served concurrently-

a. Respondent Tynes appealed her federal perjury sentence on December 18, 2014.

b. Respondent Tynes’ federal appeal remains pending.

10.

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149 A.3d 452, 2016 Pa. Jud. Disc. LEXIS 58, 2016 WL 6988881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-thomasine-tynes-former-judge-philadelphia-traffic-court-philadelphia-cjdpa-2016.