In re Cicchetti

Citation560 Pa. 183,743 A.2d 431
PartiesIn re Richard D. CICCHETTI, Former Judge and President Judge Court of Common Pleas Fourteenth Judicial District Fayette County. Appeal of Judicial Conduct Board (at 0092 MDA97). Appeal of Richard D. Cicchetti (at 93MDA97).
Decision Date13 January 2000
CourtUnited States State Supreme Court of Pennsylvania

Vincent J. Quinn, Chief Counsel, Gregory D. Anthony, Deputy Counsel, for Judicial Conduct Bd.

Joseph W. Selep, Dara A. DeCourcy, Pittsburgh, for Richard D. Cicchetti.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NEWMAN, Justice.

The Judicial Conduct Board (the Board) appeals from an Order of the Court of Judicial Discipline (the court), which held that Former Judge Richard D. Cicchetti (Appellee) brought disrepute to the judicial office and violated the Election Code, 25 P.S. § 3249. Appellee filed a cross-appeal of the same Order.

FACTS

Appellee served as a Judge of the Court of Common Pleas for the Fourteenth Judicial District of Pennsylvania, Fayette County, from January of 1974 to December 31, 1995, when he retired from judicial service. He was President Judge from January of 1978 until his retirement. In his capacity as President Judge, Appellee supervised all court employees of the Fayette County Court of Common Pleas. This supervisory authority applied to court reporters and the employees of the Adult Probation and Parole Office.

The Board filed a three-part Complaint against Appellee: Part A consists of allegations of sexual misconduct; Part B alleges violation of prohibition against court-appointed employees engaging in partisan political activity with regard to Appellee's judicial retention election; and Part C alleges that Appellee filed false affidavits with two campaign expense reports in violation of the Election Code, thereby violating the Pennsylvania Constitution.

PART A

Regarding Part A, the Court of Judicial Discipline made the following findings of fact:

(i) Debra Hay
7. Debra Hay was a party to a divorce action before [Appellee] in 1975. She never had any contact with him before or after that litigation.
8. Debra Hay appeared before [Appellee] in one brief proceeding conducted on January 30, 1976.
9. The conduct of [Appellee] about which Debra Hay complained and testified, i.e., sexually explicit remarks made over the telephone on eight to ten occasions by someone who "identified himself as Judge Richard Cicchetti" is alleged to have taken place in the three month period between December, 1975 and March, 1976, when the divorce litigation ended.
(ii) Mary Beth Hostert
10. On January 4, 1982 Mary Beth Hostert became a member of the Pennsylvania State Police and, thereafter, she undertook and completed a five month training period and a 60 day "coaching" period while assigned to the State Police Barracks in Uniontown, Fayette County.
11. Sometime shortly after the completion of the coaching period she appeared before [Appellee] as a witness in a case. She does not remember whether this appearance was in 1982 or 1983, nor the name of the defendant, the name of the assistant district attorney, the name of the defense lawyer, the docket number, the disposition of the case or whether it was civil or criminal.
12. She never had any contact with [Appellee] either before or after this one occasion.
13. She left her employment with the State Police in 1990.
14. She testified that in late 1982 or early 1983, during a ten minute conversation in [Appellee]'s robing room consisting of "basically just small talk", [Appellee] inquired as to whether she would like to go with him to visit her parents' country home in Ligonier or to Seven Springs resort for a weekend.
(iii) Krista Miller
15. Krista Miller was employed as a court reporter by the Fayette County Court of Common Pleas from early 1991 until June 15, 1993. During that time, she worked for Judge Wagner of that Court. By letter dated June 15, 1993, Judge Wagner terminated that employment for reasons relating to the performance of the duties of her job.
16. The Board's Complaint avers that in late 1991 or early 1992 Ms. Miller and other court reporters attended a meeting with [Appellee] to enlist [Appellee]'s support for computerization of the court reporters' equipment and that, at this meeting, [Appellee] inquired "what's in it for me?" to the assembled court reporters, whereupon, responding, Ms. Miller jokingly said that, if [Appellee] would support their request, she and the others would buy [Appellee] dinner. The Complaint then avers that later that day [Appellee] called Ms. Miller in Judge Wagner's office asking if she was serious about having dinner with him.
17. At the trial Ms. Miller testified that she didn't know whether the meeting with [Appellee] took place in late 1991/early 1992 or in late 1992/early 1993 but, whenever it was, she thereafter, over a period of six to nine months, received 15-20 telephone calls from [Appellee] while she was in her office [during] the course of some of which [Appellee] suggested they go out together.
18. During the period of her employment with Fayette County Ms. Miller had frequent, casual encounters with [Appellee] in and about the courthouse. On none of these occasions did [Appellee] suggest that Ms. Miller engage in a sexual relationship with him.
19. During the period of her employment with Fayette County and after the alleged meeting regarding computerization, Ms. Miller frequently called [Appellee]'s office or personally stopped in unannounced asking to see [Appellee]. These phone calls and visits had to do with both her courthouse duties and personal matters such as the apartment she was renting from [Appellee]'s son, detailing her car, and interviews she was having for a job in Philadelphia.
20. At no time did Ms. Miller report these phone calls or their content to Judge Wagner, to any of her fellow court reporters, or to any of her friends.
21. A few months before she left employment with Fayette County, Ms. Miller told Humphrey Lukachick, at the time Chief of County Detectives of Fayette County, that she had been receiving phone calls from [Appellee] asking her to go out. Ms. Miller did not tell Mr. Lukachick that [Appellee] ever made any sexual overtures to her or ever discussed anything of a sexual nature.
(iv) Heather Glover Brueggman
22. In July, 1993, Heather Glover Brueggman began employment with the Fayette County Adult Probation Office. This was her first full time job after her graduation from Penn State University.
23. In Fayette County, at the time, one probation officer was assigned each judge and Heather Glover Brueggman was assigned to [Appellee].
24. She remained on that assignment until February, 1994, when she resigned after only eight months of employment with [Appellee].
25. Her job required her to be in [Appellee]'s courtroom whenever he was hearing criminal cases.
26. [Appellee] repeatedly called Ms. Brueggman into his robing room adjacent to the courtroom and spoke to her about personal matters such as:
— what kind of car she drove
— what she liked to do on weekends
— whom she dated
— how many boyfriends she had
— if it was true blondes had more fun
— whether they could get together
27. On one of these occasions, while [Appellee] was showing Ms. Brueggman the stained glass windows in the courtroom, he put his arm around her and told her to think about getting together over the weekend. On the following Monday, [Appellee] called her and asked if she had thought about getting together and she told him she did not want to do that.
28. [Appellee] telephoned Ms. Brueggman frequently upon which occasions he:
— repeatedly importuned her to get together with him after giving her a weekend to think it over; and when she said "no",
— asked her if she knew how powerful he was and that he could get anybody in the county to do anything he wanted.
29. On one occasion [Appellee] invited Ms. Brueggman to his chambers for lunch at which time he remarked about her build, asked if she wanted to go to law school or become a magistrate and told her he could help her in either case.
30. [Appellee] proposed that he and Ms. Brueggman visit the home of Harry Fike, Fayette County Controller, who had a hot tub.
31. [Appellee] persistently endeavored to coerce Ms. Brueggman to engage in a sexual relationship with him and her persistent refusal to do so resulted in:
[Appellee]'s making Ms. Brueggman's job performance difficult and then advising her that he could change things if she agreed to get together;
[Appellee]'s statement to Ms. Brueggman that he could have her father fired from his job with PennDot, and his intimation that he would do so unless she agreed to get together.
32. Ms. Brueggman's father was employed by PennDot at the time.
33. Shortly after Ms. Brueggman commenced working for [Appellee] she started reporting to her fiancee (now husband) that [Appellee] was calling her and asking her to get together with him. She reported this to her fiancée on numerous occasions.
34. On the first Monday of hunting season in 1993, Ms. Brueggman told her father of [Appellee]'s repeated suggestions to her and that she was being harassed.
35. Ms. Brueggman's father then complained to Fayette County Controller, Fike, about the treatment his daughter was receiving from [Appellee].
36. Joseph Guynn was employed by the Fayette County Adult Probation Office from June 27, 1993 to June 27, 1995 and shared an office with Heather Brueggman while she was employed by the County, i.e., from July, 1993 until February, 1994.
37. Mr. Guynn was present in the office many times when Ms. Brueggman received telephone calls from [Appellee] and she discussed the calls with him "pretty much daily". Mr. Guynn believed the phone calls appeared to make her nervous and that she did not want to receive them.
38. Joseph Semansky was also an employee in the Probation Office of Fayette County and occupied an office adjacent to the office
...

To continue reading

Request your trial
65 cases
  • In re Lokuta
    • United States
    • Pennsylvania Court of Judicial Discipline
    • October 30, 2008
    ...is so extreme as to have brought the judicial office itself into disrepute. In In re Cicchetti, 697 A.2d 297, 312, aff'd, 560 Pa. 183, 743 A.2d 431, 444-45 (2000), this Court noted The determination of whether particular conduct has brought the judicial office into disrepute, of necessity, ......
  • In re Lokuta
    • United States
    • Pennsylvania Supreme Court
    • January 14, 2011
    ...Similarly, to obtain relief for discovery violations, appellant must show the discovery violation prejudiced her. See In re Cicchetti, 560 Pa. 183, 743 A.2d 431, 445 (2000) (finding no discovery violation when judicial officer did not explain how requested information would be significant o......
  • In re Miller
    • United States
    • Pennsylvania Court of Judicial Discipline
    • September 26, 2000
    ...of the election laws or of an Order of the Supreme Court, In re Cicchetti, 697 A.2d 297 (Pa. Ct. Jud. Disc. 1997), aff'd, ___ Pa. ___, 743 A.2d 431 (2000); operating a motor vehicle while under the influence of alcohol, In re Walters, 697 A.2d 320 (Pa. Ct. Jud. Disc. 1997). It is no less wi......
  • In re Berry
    • United States
    • Pennsylvania Court of Judicial Discipline
    • June 25, 2009
    ...office into disrepute: — sexual harassment of courthouse employee, In re Cicchetti, 697 A.2d 297 (Pa.Ct.Jud.Disc.1997), aff'd, 560 Pa. 183, 743 A.2d 431 (2000); — failure to deposit office receipts at end of every day, In re Strock, 727 A.2d 653 — angry use of "f" word in courtroom, In re Z......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT