In re Jennings
| Decision Date | 19 December 2018 |
| Docket Number | No. 4 JD 14,4 JD 14 |
| Citation | 200 A.3d 653 |
| Parties | IN RE: Robert JENNINGS, III, Former Magisterial District Judge, Magisterial District 12-2-04, Dauphin County |
| Court | Pennsylvania Court of Judicial Discipline |
Former Magisterial District Judge Robert Jennings, III, returns to this Court for a determination as to the sanction that should be imposed for the ethical violations found in our Opinion of July 18, 2018. In re Robert Jennings , III, 192 A.3d 372 (Pa.Ct.Jud.Disc. 2018) . There, we found that the two misdemeanor criminal convictions arising from Jennings's conduct in macing state constables who served arrest warrants and civil process from his judicial office violated the five canonical and constitutional provisions alleged by the Judicial Conduct Board. Those include:
1. Violation of Old Rule 2, Impropriety and Appearance of Impropriety to be Avoided:
A. Magisterial district judges shall respect and comply with the law and shall conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary[.]
2. Violation of Old Rule 12, Incompatible practices:
Magisterial district judges and all employees assigned to or appointed by magisterial district judges shall not engage, directly or indirectly, in any activity or act incompatible with the expeditious, proper and impartial discharge of their duties, including, but not limited to: (1) in any activity prohibited by law[.]
3. Violation of Article V, § 18(d)(1) of the Pennsylvania Constitution ()
4. Violation of Article V, § 18(d)(l) of the Pennsylvania Constitution ("a [magisterial district judge] 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 ...." and
5. Violation of Article V, § 17(b) of the Pennsylvania Constitution ()
The details surrounding former Judge Jennings's plea of nolo contentere to these crimes, 18 Pa.C.S. § 2906(a)(4) criminal coercion (M-2), and 18 Pa.C.S. § 7322 demanding property to secure employment (M-2), are set forth in our prior opinion and we will not repeat them here.
In determining what sanction will be imposed for a violation of the MDJ Rules or Code of Judicial Conduct we are guided by the jurisprudence of our Supreme Court, and also from our prior decisions. We have adopted ten non-exclusive factors, sometimes called "Deming factors" from the original Washington State case where they were exposited that we consider in arriving at a sanction. In re Roca, 151 A.3d 739, 741 (Pa.Ct.Jud.Disc. 2016), aff'd, 173 A.3d 1176 (Pa. 2017) citing
In re Toczydlowski, 853 A.2d 24 (Pa.Ct.Jud.Disc. 2004) ; In re Deming, 108 Wash.2d 82, 736 P.2d 639 (1987).
The ten factors and our analysis of each in this case include:
(1) Whether the misconduct is an isolated instance or evidenced a pattern of conduct: The conduct giving rise to the instant violations is isolated.
(2) The nature, extent and frequency of occurrence of the acts of misconduct: Former Judge Jennings's acts in demanding ten percent of constables' earnings toward his re-election fund encompassed the period surrounding his political campaign during which he was seeking a second six year term. Because his criminal sentence included restitution, it is evident that his scheme did, in fact, result in over $3,000.00 being paid for his benefit to his re-election campaign fund.
(3) Whether the conduct occurred in or out of the courtroom: The conduct involved interactions with state constables inside of the court facility, but outside of the courtroom.
(4) Whether the misconduct occurred in the judge's official capacity or in his private life: Because the conduct involved demanding political contributions of those who were essentially working in his judicial office, and to whom he was able to assign - or not assign - compensated work, we determine that the acts occurred in his official capacity.
(5) Whether the judge has acknowledged or recognized that the acts occurred: Former Judge Jennings testified at the sanction hearing and acknowledged entering a plea of nolo contendere to criminal charges filed against him by the Office of Attorney General. However, he also stated that these pleas were the result of poor legal advice rendered by his criminal counsel (not his current counsel). While he acknowledged his conviction, at the sanction hearing, the following exchange took place:
As noted by counsel for the Board, former Judge Jennings did enter his plea in the Court of Common Pleas before trial, and did enter into stipulations rather than litigating the factual basis of this case. We note that this involves some degree of acceptance and admission of the conduct, and that it avoided the need for the Board to use its resources in presenting this case in a contested trial.
(6) Whether the judge has evidenced an effort to change or modify his or her conduct: Former Judge Jennings resigned his commission as a magisterial district judge for Dauphin County shortly following this Court changing his suspension from one with pay, to one without pay. Because of his resignation, he is unlikely to re-offend.
(7) The length of service on the bench: Former Judge Jennings was elected in 2003 and commenced his judicial service in January, 2004. The allegations giving rise to this disciplinary case occurred during his campaign for re-election in February, 2009, following completion of five years of judicial service. Judge Jennings was successful in his bid for a second six-year term of office. This case was not commenced by the Board until November 14, 2014. He was not charged in a criminal complaint by the Office of Attorney General, however, until July 23, 2015. He resigned his commission on July 31, 2015. His total judicial service as a magisterial district judge, including periods before, during, and after the instant violations, was approximately 11 years, and 11 months.
(8) Whether there have been prior complaints about the judge: The Board has not presented any evidence of prior disciplinary complaints against Judge Jennings.
(9) The effect the misconduct has upon the integrity of and respect for the judiciary: We observe that all judicial misconduct has a deleterious effect on the integrity of and respect for our judicial system. In our opinion on the merits of this case, we recited our view that this case involved corruption - demanding money to seek continued employment. In that opinion we found that Judge Jennings's conduct brought disrepute upon the entire judiciary.
(10) The extent to which the judge exploited their position to satisfy his or her personal desires: By demanding a percentage of the earnings from the state constables who served arrest warrants and civil process from his court, Judge Jennings sought to use these individuals to fund his re-election campaign, in order to continue to receive his judicial salary and benefits for another six year term. As such, his acts were motivated by lucre.
At the sanction hearing held on November 8, 2018, former Judge Jennings presented six witnesses, and also exercised his right of allocution. This court acknowledges that these witnesses took time from their schedules to appear in court. They testified sincerely and convincingly about Judge Jennings's substantial personal involvement in facilitating defendants receiving social services, including drug treatment, in his magisterial district. These witnesses also provided the Court with a more complete understanding of Judge Jennings's judicial service, his involvement with community activities such as youth football and women's recovery programs, and his attention to truancy prevention. These witnesses established that former Judge Jennings was an active and concerned member of his community and an involved and caring jurist.
Former Judge Jennings also submitted over 40 letters of recommendation, including that of Lori Ann Jenkins, Esquire, providing her opinion that his judicial service was marked by his being "generous, conscientious, and practical ..." and that he has "served this community well in and out of court ... even after his tenure on the bench." Letter of Lori Ann Jenkins, October 16, 2018 (contained within exhibit admitted into evidence without objection).
The sanctioning of any particular jurist serves a broader purpose than the retributive goals associated with criminal sentences. Judicial disciplinary sanctions "not only punish [...] the wrongdoer, but also repair [...] the damaged...
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