Fink v. Supreme Court of Pennsylvania
| Decision Date | 18 February 1987 |
| Docket Number | Civ. No. 86-1405. |
| Citation | 654 F. Supp. 437 |
| Parties | Harold B. FINK, President Judge, Fifty-Fifth Judicial District, Potter County; and People for Justice, Plaintiffs, v. SUPREME COURT OF PENNSYLVANIA, Robert N.C. Nix, Jr., Chief Justice of Pa., Judicial Inquiry and Review Board of the Supreme Court of Pa., Honorable James E. Rowley, Chairman of the Judicial Inquiry and Review Board; Robert Keuch, Executive Director of Judicial Inquiry and Review Board; Robert L. Potter, Esquire, Special Prosecutor of the Pennsylvania Judicial Inquiry and Review Board, Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
Clifford A. Rieders, Rieders, Travis, Mussina, Humphrey and Harris, Williamsport, Pa., for plaintiffs.
Arlin M. Adams, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendants Supreme Court of Pennsylvania and Robert N.C. Nix, Jr., Chief Justice.
Howland W. Abramson, David R. Weyl, Philadelphia, Pa., for all other defendants.
On October 7, 1986, the Honorable Harold B. Fink and the People for Justice filed a complaint and a motion for a temporary restraining order. Judge Fink and the People for Justice requested that we immediately restore Judge Fink to his full duties as President Judge of the Fifty-Fifth Judicial District, Potter County, Pennsylvania and enjoin all proceedings of the Judicial Inquiry and Review Board of the Supreme Court of Pennsylvania (the Board). We denied the Plaintiffs' request for a temporary restraining order. On February 10, 1987, we held a hearing on the Plaintiffs' application for a preliminary injunction immediately restoring Judge Fink to his full adjudicative duties. The Court's findings of fact, discussion of the motion for a preliminary injunction, and conclusions of law follow.
1. Plaintiff Harold B. Fink is President Judge of the Court of Common Pleas for the Fifty-Fifth Judicial District, Potter County, Pennsylvania.
2. An investigation with respect to Judge Fink began in 1984 when the Board received complaints regarding Judge Fink's conduct.
3. The Pennsylvania Constitution of 1968 prescribes a procedure for the investigation and discipline of judges.
4. The procedure for discipline of a judge begins with complaints filed with and hearings held by the Board.
5. The Board is made up of voluntary appointees all of whom presently have full professional responsibilities aside from their duties as board members.
6. The Board does not sit continuously.
7. In October, 1985, the Board decided to convene a two board member preliminary investigation panel to conduct hearings with respect to complaints that had been filed against Judge Fink.
8. Several preliminary investigatory hearings were held.
9. The Board's counsel asked questions submitted by Judge Fink of witnesses during preliminary investigation hearings held on April 16 through 18, 1986.
10. Judge Fink introduced evidence into the record of the preliminary investigation hearings.
11. Judge Fink testified at the preliminary investigation hearings and was represented by counsel, D. Bruce Cahilly, Esq.
12. The preliminary investigation ended in April, 1986.
13. The transcript of the preliminary investigative hearings totals 533 pages of testimony of 15 to 18 witnesses and about 60 exhibits.
14. A meeting of the Board was held on May 27, 1986, in Philadelphia, Pennsylvania.
15. All Board members were present with the exception of Mr. Justice Kauffman who was ill.
16. Upon the record of the preliminary investigative hearings the Board voted to recommend to the Supreme Court of Pennsylvania that Judge Fink be restricted to non-adjudicative duties.
17. The minutes of the Board meeting of May 27, 1986, read in relevant part:
18. A recommendation to suspend Judge Fink from adjudicatory function during the pendency of the formal hearings was made to the Supreme Court of Pennsylvania.
19. Judge Fink did not know that the Board had recommended to the Supreme Court of Pennsylvania that Judge Fink be deprived of adjudicative functions until his counsel received a copy of the minutes of the Board meeting of May 27, 1986, on January 29, 1987.
20. Formal charges were drafted and sent to Judge Fink.
21. After May 27, 1986, the Board attempted to schedule formal hearings in order to be able to make a final recommendation to the Supreme Court of Pennsylvania.
22. Judge Fink requested and obtained from the Board several continuances.
23. Judge Fink requested that the formal hearings be held in a continuous fashion.
24. On July 1, 1986, Judge Fink filed a request for an extension of time within which to file an answer to the formal charges.
25. On July 2, 1986, Judge Fink filed a motion that the formal hearings be held in Potter County.
26. The request filed July 1, 1986, was granted and a new deadline for the filing of an answer was set for July 14, 1986.
27. The motion to have the formal hearings held in Potter County was denied.
28. On July 8, 1986, Judge Fink filed preliminary objections to the formal charges.
29. On July 16, 1986, Judge Fink filed a motion with the Board to have the formal hearings held publicly.
30. The Board expended time in an attempt to resolve Judge Fink's requests and motions.
31. The Board denied Judge Fink's motion to have the formal hearings held in public.
32. The relevant order of the Supreme Court of Pennsylvania reads in its entirety:
33. The order is a de facto suspension from performing judicial adjudicative duties.
34. The order of the Pennsylvania Supreme Court of July 29, 1986, was not preceded by notice to Judge Fink that he was subject to reassignment or suspension and there have not been any formal hearings, findings of fact, conclusions of law of record, or further orders in the Supreme Court of Pennsylvania with regard to the suspension of Judge Fink.
35. The Board's investigation and hearings were completed on February 9, 1987.
36. The Pennsylvania Constitution of 1968 permits the assignment of a Common Pleas Judge from one court to another.
37. The "assignment" of Judge Fink was not from one court to another but from acting as a full judicial officer to acting in only a minimal non-adjudicatory fashion.
38. Judge Fink is currently permitted to handle only a few ministerial functions.
39. The suspension of Judge Fink is of an indeterminate nature.
40. Judge Fink continues to be paid and receives continued benefits of his elective office.
41. Judge Fink continues to occupy chambers, retains a personal staff, and is entitled to perform all administrative and supervisory duties of the President Judge of the Fifty-Fifth Judicial District, Potter County, Pennsylvania, which are minimal.
42. Another judge has been assigned to Potter County to perform decisional duties.
43. Judge Fink was informed by Mr. Chief Justice Nix on July 30, 1986, that the order for reassignment was solely for the protection of Judge Fink.
44. Judge Fink requested that he be reassigned to another district.
45. Judge Fink has not been reassigned to another district.
46. Judge Fink's reputation has been damaged by the order of July 29, 1986, and the pendency of the proceedings before the Board.
47. In August of 1986, Judge Fink appealed the denial of his motion that the formal hearings be held in Potter County to the Supreme Court of Pennsylvania.
48. The Supreme Court of Pennsylvania dismissed the appeal.
49. During the months of July, August, and the first half of September, 1986, the Board was in a period of personnel changes and a move of the Board's offices from Philadelphia to Harrisburg.
50. On September 15, 1986, Judge Fink filed a motion in the Pennsylvania Supreme Court to reinstate his appeal from the denial of his motion to the Board to have the formal hearings held in Potter County.
51. On September 17, 1986, Judge Fink filed a motion with the Board objecting to the composition of the formal hearing committee.
52. On September 24, 1986, Judge Fink requested a pre-hearing conference in the Board proceedings.
53. On September 29, 1986, Judge Fink filed a motion with the Board to disqualify Robert L. Potter, Esq., as the prosecutor.
54. Judge Fink was offered the week of September 30, 1986, for a pre-hearing conference but his attorney declined to appear at that time.
55. The Board scheduled formal hearings for October 15, 16, and 17, 1986.
56. Judge Fink objected to the Board's scheduling of the formal hearings for October 15, 16, and 17, 1986, on the ground that the hearings should not contain recesses and requested a postponement.
57. The Board has refused to conduct one continuous hearing but has attempted to set at least two days of hearings consecutively when possible.
58. Judge Fink's request that the formal hearings be held on consecutive dates delayed the Board's proceedings.
59. Before the first session of the formal Board on October 15, 1986, Judge Fink moved for a continuance, moved to dismiss, moved for production of records, moved for reconsideration, and moved for recusal of the Board committee and the entire Board.
60. Discussion of these oral motions occupies 66 pages of the transcript.
61. Judge Fink's attorney had adequate notice of the hearing dates of the formal hearings...
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...courts have held that state judges do not have a federal constitutional right 3 to hold office,” citing Fink v. Supreme Court of Pennsylvania, 654 F.Supp. 437 (M.D.Pa.1987), aff'd,838 F.2d 1205 (3rd Cir.1988) and Gruenburg v. Kavanagh, supra. Moreover, once it is decided that a due process ......
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In re Jaffe
...courts have held that state judges do not have a federal constitutional right1 to hold office," citing Fink v. Supreme Court of Pennsylvania, 654 F.Supp. 437 (M.D. Pa. 1987), aff'd, 838 F.2d 1205 (3rd Cir. 1988) and Gruenburg v. Kavanagh, supra. Moreover, once it is decided that a due proce......
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Larsen, In re
...federal courts have held that state judges do not have a federal constitutional right to hold office, see, Fink v. Supreme Court of Pennsylvania, 654 F.Supp. 437 (M.D.Pa.1987), aff'd, 838 F.2d 1205 (3rd Cir.1988); Gruenburg v. Kavanagh, 413 F.Supp. 1132 (E.D.Mich., 1976), we conclude that t......
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In re Larsen, Docket No. 3 JD 94
...federal courts have held that state judges do not have a federal constitutional right to hold office, see, Fink v. Supreme Court of Pennsylvania, 654 F. Supp. 437 (M.D. Pa. 1987), aff'd, 838 F.2d 1205 (3rd Cir. 1988); Gruenberg v. Kavanagh, 413 F. Supp. 1132 (E.D. Mich., 1976), we conclude ......