In re Carney

• Decision Date: 30 October 2013
• Citation: 79 A.3d 490
• Parties: In re Thomas CARNEY, Magisterial District Judge in and for Magisterial District 06–1–03, Erie County, Pennsylvania. Appeal of Judicial Conduct Board.
• Court: Pennsylvania Supreme Court

79 A.3d 490

In re Thomas CARNEY, Magisterial District Judge in and for Magisterial District 06–1–03, Erie County, Pennsylvania. Appeal of Judicial Conduct Board.

Supreme Court of Pennsylvania.

Argued Oct. 17, 2012.

Decided Oct. 30, 2013.

Robert F. Daley, Esq., Robert Pierce & Associates, P.C., Pittsburgh, Roderick Scott Marshall, Esq., Brent M. Rosenthal, Esq., for Spurgeon E. Landis and Mary A. Landis, his wife.

Daniel King Bricmont, Esq., Caroselli, Beachler, McTiernan & Conboy, L.L.C., Pittsburgh, for Pennsylvania Association for Justice.

Andrew Frank Adomitis, Esq., Jeannine Lynn Bertig, Esq., Paragon Way, Inc., Leo Gerard Daly, Esq., Grogan Graffam, P.C., Pittsburgh, for Goulds Pumps Inc.

Kenneth M. Argentieri, Esq., Robert L. Byer, Esq., Duane Morris, L.L.P., Pittsburgh, for Chemetron Corporation, The ESAB Group, Inc.

Alba E. Arriaga, Esq., Riley, Hewitt, Witte & Romano, P.C., Pittsburgh, for A.W. Chesterton Co.

Eric R.I. Cottle, Esq., K & L Gates, LLP, Nicholas P. Vari, Esq., Kirkpatrick & Lockhart Preston Gates Ellis LLP, Pittsburgh, for Crane Company, Inc.

William J. Donovan, Esq., Burns, White & Hickton, L.L.C., Pittsburgh, for Ingersoll–Rand.

Gregory L. Fitzpatrick, Esq., Margolis Edelstein, for Garlock Sealing Technologies LLC.

Andrew Edson Greenberg, Esq., Eagleville, for CBS Corporation, Union Carbide Corporation.

Richard Linwood Walker II, Esq., Kelley, Jasons, McGowan Spinelli & Hanna, L.L.P., Philadelphia, for Union Carbide Corporation.

Jennifer E. Watson, Esq., Edward Joseph Wibraham, Esq., Wibraham Lawler & Buba, Pittsburgh, for Certainteed Corporation, Saint Gobaine Abrasives, Inc.

Anne Loehr Wilcox Lewis, Esq., Kelley, Jasons, McGowan Spinelli & Hanna, L.L.P., for Hedman Mines, Ltd.

Dennis F. Wolford, Esq., Reed, Luce, Tosh, Wolford & Douglass, Beaver, for Green Tweed & Co.

Louis C. Long, Esq., Pietragallo, Gordon, Alfano, Bosick & Raspanti, L.L.P., Pittsburgh, for Pennsylvania Defense Institute.

Carl A. Solano, Esq., Schnader Harrison Segal & Lewis, L.L.P., Philadelphia, for Rohm & Haas Company.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Chief Justice CASTILLE.

This matter comes before the Supreme Court of Pennsylvania following an Opinion and Order by the Pennsylvania Court of Judicial Discipline (“CJD”), dismissing a complaint against appellee, Magisterial District Judge (“MDJ”) Thomas Carney, that was filed by the Judicial Conduct Board (“Board”). The Board's complaint alleged that appellee Carney violated Article V, § 18(d)(1) of the Pennsylvania Constitution and Rules 2A and 11 of the Rules Governing Standards of Conduct of Magisterial District Judges (hereafter “MDJ Rule” or “MDJ Rules”).¹ Following the CJD's dismissal of the Board's complaint, the Board appealed to this Court, arguing that the CJD erred in concluding that appellee did not violate any of the enumerated provisions. For the reasons stated herein, we reverse in part and affirm in part the opinion and order of the CJD, and we remand for proceedings consistent with this Opinion.

This matter involves two entirely separate factual grounds for potential discipline. The facts as set forth by the CJD show that appellee has served as the MDJ for Magisterial District 06–1–03, Erie County, Pennsylvania, since January 2, 2006. As an MDJ, he is subject to all duties and responsibilities imposed on him by the MDJ Rules and the Pennsylvania Constitution.

The first set of factual grounds relates to appellee's involvement in the City of Erie's Anti–Graffiti Task Force (“task force”). The CJD found that prior to January 5, 2008, Erie Mayor Joseph E. Sinnott announced the formation of a task force, under the direction of appellee, with the goals of identifying, tracking and removing graffiti, making public service announcements, identifying and prosecuting “taggers” ², and assisting the City of Erie and local businesses in removing graffiti from their property. In an article in the Erie Times–News on January 5, 2008, appellee was quoted as saying: “It's (graffiti) a real problem that's growing worse by the day, especially in the inner city.” In that same article, he was also quoted as saying that a local businessman “offered to donate funds to come up with a solution, and many others have volunteered their time, so we're putting together a group to address the problem.” In a March 21, 2008 article, the Erie Times–News reported that appellee said that the task force would seek community help in identifying the vandals and would suggest tougher fines for violations. He was also quoted as saying that the task force would “work our hardest to abate it.” See In re Carney, 28 A.3d 253, 261–62 (Pa.Ct.Jud.Disc.2011).

On June 25, 2008, appellee appeared on the early morning newscast of WJET–TV in Erie, where he engaged in an exchange with a reporter. During that interview appellee discussed a local synagogue, which had recently been vandalized with graffiti. Finally, in an editorial in the Erie Times–News published on July 23, 2008, appellee was identified as a leader of the task force. He was also identified as a “district judge for Erie's 3rd Ward.” The editorial stated that appellee had some ideas to “strengthen local anti-graffiti efforts,” including establishing a reward fund for “any good Samaritan (who can) help us and assist us.” The editorial then stated that “a local businessman has donated $2,000 to start the reward fund. Call Carney's office at 451–6528 if you can make a contribution.” Id. at 263.³

The second set of factual circumstances relates to an incident occurring on Interstate 79 when appellee displayed a handgun to two occupants of another vehicle. The CJD's findings of fact state that on January 11, 2009, appellee was driving northbound on I–79 on his way home to Erie after having attended a Pittsburgh Steelers football game at Heinz Field in Pittsburgh. Approximately 4–5 miles north of Exit 105 (the Slippery Rock exit), appellee drove up behind a vehicle driven by Nico Baldelli, a freshman at Mercyhurst College–North East. Baldelli's college roommate, Ryan Tanner, was a passenger in the car. Both cars were traveling in the left-hand lane. Appellee indicated that he wanted to pass the students by flashing his high beams. Baldelli continued to drive in the left-hand lane and appellee moved into the right-hand lane to pass Baldelli's vehicle.⁴ While passing Baldelli's vehicle, appellee displayed his middle finger to Baldelli and Tanner; as the CJD put it in colloquial terms, appellee “gave [them] the finger.” Id. at 265.

After appellee passed Baldelli's vehicle, Baldelli moved into the right-hand lane behind him and flicked his high beams. Appellee reduced his speed and Baldelli returned to the left-hand lane and drove up alongside appellee. Baldelli turned on his inside light and raised his middle finger while yelling obscenities. Appellee then increased his speed until his vehicle was approximately alongside the front bumper of Baldelli's car. He then rolled his window half way down, retrieved a silver handgun from the console beside the driver's seat, and held it with his thumb and index finger out the window briefly, for two to three seconds, so that Baldelli could see it. Baldelli backed off and continued northward to Erie at a slower speed. The CJD apparently credited appellee's account of his motivations in displaying the gun to the young men. Thus, in its findings of fact, the CJD stated that: “respondent was concerned about the escalation of the incident and displayed the gun in an effort to defuse the situation with the intention (or hope) that showing Baldelli the gun would result in Baldelli ‘backing off,’ which it did.” 28 A.3d at 265.

Baldelli called his parents, who notified the State Police. The State Police then stopped appellee at a point 75 to 80 miles north of the location where he had displayed his handgun. The State Police initially filed four misdemeanor charges against appellee, including terroristic threats, simple assault, disorderly conduct, and recklessly endangering another person. The charges were subsequently dismissed by Magisterial District Judge Lorinda L. Hinch of Magisterial District 35–3–01, Mercer County. The State Police later re-filed two misdemeanor counts each of the same four charges. On November 10, 2009, appellee pled guilty to two lesser, summary offenses of disorderly conduct and was ordered to pay fines and costs totaling $541. In exchange for the plea, the Mercer County District Attorney's Office dropped the other charges. Id. at 266.

Appellee had a concealed weapon permit to carry the firearm he displayed, which was identified as a Walther PPK 38 9 mm caliber handgun. Appellee explained that he obtained the handgun because his office regularly received large amounts of cash, which he would be required to take to the bank through a neighborhood of “drug dealers, prostitutes and crazy bars.” See id.

The Board filed a complaint against appellee based on the above-summarized separate incidents. The Board alleged, in relevant part here, that appellee had solicited funds for the task force in violation of MDJ Rule 11, displayed a handgun out of his car window in violation of MDJ Rule 2A and Article V, § 18(d)(1) of the Pennsylvania Constitution, and allowed a relationship to influence his judicial conduct or judgment and lent the prestige of his office to advance the private interests of others in violation of MDJ Rule 2A.⁵

The parties submitted stipulations to certain facts and the case went to trial before the CJD. Testifying at trial was Nico Baldelli, State Trooper Victoria R. Weibel (the officer who initially spoke with Baldelli and Tanner), appellee, and State Trooper Robert J. Soros (the officer who interviewed appellee after the handgun display incident with counsel's permission). The court also accepted the submission of the transcript of Ryan Tanner's preliminary hearing testimony before MDJ Hinch.

Following trial, the...