In re LeFever
Decision Date | 03 June 2021 |
Docket Number | 7 JD 2020 |
Parties | IN RE: Andrew T. LeFever, Esquire Magisterial District Judge Magisterial District 02-2-04 2nd Judicial District Lancaster County |
Court | Court of Judicial Discipline of Pennsylvania |
NOW COMES Magisterial District Judge Andrew T. LeFever, Respondent herein, by and through his counsel, Robert A. Graci and Saxton & Stump, and files this Pre-trial Memorandum pursuant to the Order of May 3, 2021, as follows:
A. Names and Addresses of Witness and Subjects of Their Testimony
The following persons or some of them may be called to testify at the trial of this matter:
Judge LeFever will testify about the charges against him and his intent to comply with the Rules Governing Standards of Conduct of Magisterial District Judges. He will also provide background information regarding his personal and professional life and career. He will accept responsibility for his conduct leading up to his resignation as a member of the Lancaster City Democratic Committee and will describe the research he conducted leading to his decision as to when he had to resign his position as a committee person.
Attorney McMahon will provide character and reputation testimony relevant to the charges filed by the Judicial Conduct Board (Board) against Judge LeFever as well as to any sanction that the Court might impose if it finds that Judge LeFever violated any of the rules or constitutional provisions which the Board has charged. He will testify regarding Judge LeFever's character and reputation for being truthful and principled. He will also testify concerning his knowledge of Judge LeFever as fair-minded lawyer.
Attorney Hinsey will provide character and reputation testimony relevant to the charges filed by the Judicial Conduct Board (Board) against Judge LeFever as well as to any sanction that the Court might impose if it finds that Judge LeFever violated any of the rules or constitutional provisions which the Board has charged. He will testify regarding Judge LeFever's excellent character and reputation for being truthful, honest, peaceful and law abiding. He will also testify concerning his knowledge of Judge LeFever as an knowledgeable, hardworking, and diligent lawyer and judge.
Attorney Spotts will provide character and reputation testimony relevant to the charges filed by the Judicial Conduct Board (Board) against Judge LeFever as well as to any sanction that the Court might impose if it finds that Judge LeFever violated any of the rules or constitutional provisions which the Board has charged. She will testify regarding Judge LeFever's excellent character and reputation for being trustworthy, knowledgeable, and fair. She will also testify concerning her knowledge of Judge LeFever as an excellent lawyer and judge.
Ms. Watson-Frias attended the meeting of the Lancaster City Democratic Committee held on February 11, 2019. She will testify that she is not sure if Judge LeFever, as a Committee Person, voted to endorse the candidates for City Council and School Board Director during that meeting.
Ms. Edgell attended the meeting of the Lancaster City Democratic Committee held on February 11, 2019. She will testify that Judge LeFever, as a Committee Person, did not vote to endorse the candidates for City Council and School Board Director during that meeting.
Mr. Silverman attended the meeting of the Lancaster City Democratic Committee held on February 11, 2019. He will testify that he does not remember or recall if Judge LeFever, as a Committee Person, voted to endorse the candidates for City Council and School Board Director during that meeting.
Ms. Slesser attended the meeting of the Lancaster City Democratic Committee held on February 11, 2019. She will testify that she does not remember or recall if Judge LeFever, as a Committee Person, voted to endorse the candidates for City Council and School Board Director during that meeting.
B. List of All Exhibits Intended to be Introduced at Trial Judge LeFever has no objections to the admission of the Exhibits listed in the Board's Pre-trial Memorandum. In addition to those Exhibits, Judge LeFever may introduce the following Exhibits:
1. Character Letter of Joseph McMahon, Esquire
2. Character Letter of Jared Hinsey, Esquire
3. Character Letter of Patricia Spotts, Esquire
C. List of Stipulations
On March 23, 2021, the parties filed Joint Stipulations of Fact Pursuant to C.J.D.R.P. No. 502(D)(2). In addition to the Joint Stipulations of Fact, it is reasonably expected that Board Counsel will agree to stipulate to the following:
D. Materials Required to be Exchanged Pursuant to C.J.D.R.P. No. 401(D)(1)
Undersigned counsel for Judge LeFever hereby certifies that he has provided statements from Attorneys McMahon, Hinsey and Spotts in the form of Character Letters addressed to the Judges of the Court of Judicial Discipline to Judicial Conduct Board Deputy Counsel Colby J. Miller.
Respectfully submitted,
/s/____...
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