In re Larsen

• Decision Date: 24 October 2002
• Docket Number: Special Tribunal Docket No. 2000-1.
• Citation: 571 Pa. 457,812 A.2d 640
• Parties: In re Appeal of Rolf LARSEN, Appellant.
• Court: Pennsylvania Special Tribunal

812 A.2d 640

571 Pa. 457

In re Appeal of Rolf LARSEN, Appellant.

Special Tribunal Docket No. 2000-1.

Special Tribunal of Pennsylvania.

October 24, 2002.

Robert A. Felkay and James B. Lieber (argued), Pittsburgh, for appellant.

Vincent J. Quinn, Chief Council and Gregory D. Anthony, Deputy Council, (argued), Harrisburg, for appellee.

Before HUDOCK, FORD ELLIOTT, FRIEDMAN, STEVENS, TODD, KLEIN and BOWES, JJ.

OPINION BY HUDOCK, Presiding Judge.

This is an appeal by Appellant Rolf Larsen, former Justice of the Supreme Court of Pennsylvania, from the order of the Court of Judicial Discipline that removed him from office, declared him ineligible to hold future judicial office, and disbarred him from the practice of law. The factual and procedural history underlying this matter is lengthy and complex. However, it must be addressed fully in order to provide a proper context in which to understand the basis for the present appeal.

Appellant was elected to office as an Associate Justice of the Supreme Court of Pennsylvania in November of 1977. He served in that capacity for a full ten year term and was retained for a second term in 1987. The Pennsylvania Judicial Inquiry Review Board (the JIRB) informed Appellant in May of the following year that it had received complaints of misconduct against him and that formal proceedings had been initiated. On July 17, 1991, upon completion of a series of investigations, the JIRB reported to the Pennsylvania Supreme Court that Appellant had created the appearance of impropriety by engaging in ex parte communications with a trial judge in a pending case. A three justice panel of the Supreme Court of Pennsylvania adopted the JIRB's recommendation and issued an order on October 14, 1992 publicly reprimanding Appellant. In re Larsen, 532 Pa. 326, 616 A.2d 529 (1992). Appellant then filed a petition before the full Supreme Court alleging, inter alia, that several Justices had engaged in various forms of judicial misconduct. In response to this petition, the Attorney General of Pennsylvania launched a grand jury investigation. Ultimately, the grand jury issued a presentment finding that no credible evidence supported Appellant's allegations against the other justices. However, the grand jury announced that it had discovered evidence of misconduct by Appellant in addition to the incidents reported by the JIRB.

On October 22, 1993, the grand jury formally recommended that criminal charges be filed against Appellant. Six days later, on October 28, 1993, the Attorney General of Pennsylvania filed criminal charges against Appellant related to his unlawful acquisition of prescription medications. As a result, the Supreme Court of Pennsylvania relieved Appellant of all judicial and administrative duties as an Associate Justice. Appellant was not suspended from office at this time nor did the Supreme Court suspend his pay. The Judiciary Committee of the Pennsylvania House of Representatives thereupon launched its own investigation of Appellant.

On March 10, 1994, the Judicial Conduct Board of Pennsylvania (the Board) filed an application with the Pennsylvania Court of Judicial Discipline requesting the Court to suspend Appellant with pay pending the outcome of Appellant's criminal trial and the Board's own investigation. This application was docketed at Number 3 JD 94. The Court of Judicial Discipline denied the Board's request without issuing a published opinion.¹

Appellant subsequently was tried in the Court of Common Pleas of Allegheny County on the criminal charges initiated by the Attorney General. During a week-long jury trial, evidence was adduced indicating that Appellant had been in therapy since the 1960's to treat chronic dysthymia (clinical depression) and concomitant anxiety. Once Appellant entered judicial office, he became the subject of media scrutiny which caused him to fear that the public would learn of his mental illness and that he would be stigmatized as a result. Appellant convinced his attending physician that it was extremely important to prevent the media from discovering the truth about his mental illness. The physician therefore issued prescriptions in the names of third parties for the medications intended for Appellant's use. Furthermore, Appellant's perceived need for secrecy was so intense that his physician kept no written records concerning Appellant's therapy. For a period of twelve years, Appellant's physician prescribed various medically necessary psychotropic drugs, including Valium ® (diazepam) and Prozac ® (fluoxetine), to members of Appellant's staff so that Appellant could follow his treatment regimen in relative secrecy. On April 9, 1994, the jury acquitted Appellant on multiple counts of unlawfully procuring a controlled substance, but found him guilty on two counts of criminal conspiracy.²

After the verdicts were returned in the criminal matter, but prior to the imposition of sentence, the Board filed a second petition requesting that Appellant be suspended from office. The Court of Judicial Discipline held a hearing in the matter on May 25, 1994, and suspended Appellant without pay on June 3, 1994. The Board then filed a Complaint in the Court of Judicial Discipline requesting that action be taken against Appellant based upon his convictions in the Court of Common Pleas. The complaint was docketed at Number 4 JD 94. On May 24,1994, while this matter was pending before the Court of Judicial Discipline, the Pennsylvania House of Representatives adopted seven Articles of Impeachment against Appellant accusing him of misbehavior in office. The Senate of Pennsylvania incorporated these Articles of Impeachment as part of its Writ of Impeachment Summons.

On June 13, 1994, the Allegheny County trial judge sentenced Appellant to serve one year of probation for each of the two counts of criminal conspiracy. In addition, the trial court found that Appellant had committed an "infamous crime" as that term is contemplated by Article II, Section 7 of the Pennsylvania Constitution. The trial judge therefore entered an order removing Appellant from judicial office.³ On July 5, 1994, Appellant filed an omnibus pretrial motion in the matter pending before the Court of Judicial Discipline. Among other things, Appellant asserted that the Court lacked jurisdiction because he no longer was a judicial officer after being removed from office by virtue of the trial court's sentencing order. The Court of Judicial Discipline granted the motion in part, denied it in part, and ordered the parties to file briefs on certain points. Before the motions were resolved by the Court of Judicial Discipline, the Pennsylvania Senate took up the matter of Appellant's impeachment.

On October 4, 1994, the full Senate voted to acquit Appellant on six of the counts set forth in the Writ of Impeachment Summons, but found him guilty, pursuant to the second Article of Impeachment, on the basis of improper ex parte communications concerning a matter that had been before the Supreme Court. The Senate then adopted Senate Resolution No. 163, which removed Appellant from office on different grounds than those relied upon by the court of common pleas and declared him ineligible to hold any office of trust or profit in the Commonwealth of Pennsylvania at any time in the future.

On January 27, 1995, the Court of Judicial Discipline entered an order continuing Appellant's disciplinary trial pending the resolution of Appellant's direct appeal in the criminal matter. After the stay was vacated, several years were consumed in resolving Appellant's many pre-trial motions. The motions all were decided via published opinion filed August 4, 1998. In re Larsen, 717 A.2d 39 (Pa.Ct.Jud.Disc. 1998). A disciplinary trial was conducted in June of 1999. On December 31, 1999, the Court of Judicial Discipline entered an order and opinion holding that Appellant was liable for, and subject to, disciplinary sanctions for judicial misconduct based on his felony convictions. In re Larsen, 746 A.2d 108 (Pa.Ct.Jud.Disc.1999). A sanctions hearing was held on February 4, 2000. On that date, the Court of Judicial Discipline entered an order stating that Appellant was removed from judicial office and that he was ineligible to hold judicial office in the future. This order also disbarred Appellant from the practice of law in the Commonwealth of Pennsylvania. This was the third time Appellant was removed from office, but the first time he was disbarred. On March 3, 2000, Appellant filed a timely notice of appeal to the Special Tribunal created under Article V, Section 18(c) of the Constitution of the Commonwealth of Pennsylvania.

On March 22, 2000, the initial panel of the Special Tribunal was selected by lottery from the pool of eligible Judges of the Superior Court and the Commonwealth Court of Pennsylvania. The selection procedure was conducted in the presence of chief counsel for the Board and a representative acting on behalf of Appellant. Seven judges were selected at random. Subsequently, the composition of the Special Tribunal changed several times owing to various motions, including motions for recusal filed by Appellant, the sua sponte recusal of several judges, and the ineligibility of several judges who took senior judge status upon reaching retirement age. On April 15, 2002, the Special Tribunal heard oral argument by counsel for Appellant and by the Chief Counsel for the Board.

This appeal identifies twenty-three separate issues for our consideration. Because the claims thus presented are duplicative, we have paraphrased them for clarity of understanding as follows: (1) whether procedural improprieties that allegedly occurred in this matter invalidate certain determinations of the Court of Judicial Discipline; (2) whether the Court of Judicial Discipline possessed jurisdiction and authority to act in this matter on the grounds of mootness; (3) whether the Court of Judicial Discipline possessed the...